1951 Supreme(Mad) 14
P.V.RAJAMANNAR, VISWANATHA SASTRI, PANCHAPAKESA AYYAR
Saraswathi Ammal – Appellant
Versus
Rajagopal Ammal – Respondent
Advocates:
T.V. Muthukrishna Aiyar, P.N. Appuswami Aiyar, S.V. Gopalakrishna Aiyar and K. Vaitheeswaran for Petitioners.
S. Ramachandra Aiyar for Respondent.
Order.-This application was originally filed for leave to appeal to the Federal Court against the decree and judgment in A.S.No.625 of 1945 and A.S.No. 200 of 1946 on the file of this Court, and has now to be treated as an application for leave to appeal to the Supreme Court. These two appeals arose out of a suit O.S.No.35 of 1944 filed in the Subordinate Judge’s Court, Tirunelveli, in the following circumstances. One Kanakasabapathi Pillai died intestate on 24th August, 1942, leaving behind him his wife Gomathi and two daughters Rajagopala Ammal and Saraswathi Ammal. After Kanakasabapathi’s death his widow succeeded to all his properties, moveable and immoveable, including a flourishing bus transport business. On 4th November, 1943, Gomathi purported to execute a sale deed of 32 buses, their accessories and a charcoal shed which formed part of the bus business to K. Ramaswami Dass, the husband of Saraswathi Ammal. On the same day, she executed a deed of settlement under which she dedicated about 25 items of immoveable property for the maintenance and performance of Guru pooja every day at the Samadhi of her husband and for conducting Annadhanam on his. death anniversary every year
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