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1952 Supreme(Mad) 202

KRISHNASWAMI NAYUDU
Aparanji Chetti – Appellant
Versus
Arunachalam Chettiar – Respondent


Advocates:
V.C. Veeraraghavan for Appellant.
M.R. Raghavachari and the Government Pleader (P. Satyanarayana Raju) for Respondents.

Judgment.-

This appeal arises out of an application for payment of monies remaining in Court deposit under the Land Acquisition Act (1 of 1894). The lands acquired belonged to one Kanniya Chetti and the acquisition was after his demise. Kanniya Chetti had no issue but left a widow, Bangaru Ammal, and during her lifetime, the properties were acquired and the monies deposited into Court under the provisions of section 31 of the Land Acquisition Act as she was a limited owner. During her lifetime she was paid the interest accruing from the deposit. She died on the 17th February, 1945, and one Arunachalam Chettiar, claiming to be the sister’s grandson of Kanniya Chetti filed a petition, M.P. No. 307 of 1946 in O.P. No. 236 of 1925 for payment of the monies. The next of kin of Kanniya Chetti were made party respondents to the petition. The petitioner claimed this amount by virtue of being the son of Kanniya Chetti’s sister, Ammayi Ammal’s son, Veeraraghava Chetti, and relied on a surrender deed executed by Bangaru in favour of Veeraraghava who was then the nearest reversioner to the estate of Kanniya Chetti. Apart from being the son of Veeraraghava in whose favour the surrender was execu









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