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1953 Supreme(Mad) 334

SATYANARAYANA RAO, BALAKRISHNA AYYAR
Nanjammal – Appellant
Versus
Eswaramurthi Goundar, minor by guardian and mother Karunai Ammal – Respondent


Advocates:
T.M. Krishnaswami Aiyar and S. Thyagaraja Aiyar for Appellants.
P. Somasundaram, S. Rajaraman and S. Sitharama Aiyar for Respondents.

Satyanarayana Rao, J.-

C.M.A. No. 381 of 1951 is an appeal by the five appellants against the order of the learned Subordinate Judge dismissing their application, I.A. No. 1106 of 1951 in A.S. No. 215 of 1950, to implead them as respondents 2 to 6 in the said appeal. . The facts out of which the application arose were these. One Kaliammal, the paternal grand-mother of minor Eswaramurthi, purchased under two sale deeds of 11th July, 1929 and 20th September, 1929, certain properties. Minor Eswaramurthi through his next friend instituted O.S. No. 432 of 1947, District Munsif’s Court, Gobichettipalayam, for a declaration of his title to the suit properties and for possession of the same. He based his suit on the allegation that the properties in question were purchased benami in the name of Kaliammal, his paternal grandmother, by his paternal grandfather, the husband of Kaliammal, from and out of the income of the joint family properties, and that therefore he was entitled to recover possession of the properties. Kaliammal was the sole defendant in the action, and her defence was that the properties were purchased by her from out of her own funds, and that the minor had no right or clai












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