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1950 Supreme(Mad) 64

HORWILL, BALAKRISHNA AYYAR
Natesa Sastrigal – Appellant
Versus
Alamelu Achi by Power Agent K. S. Sundaram Chettiar – Respondent


Advocates:
G.R. Jagadisa Aiyar for Appellants.
T.R. Srinivasan for Respondent.

Judgment

On the 3rd of March, 1933, one Sivakami Achi obtained an order for restitution against another, Sivaramakrishna Ayyar, in respect of a sum of Rs. 5,280 odd. On 29th August, 1933, Sivaramakrishna Ayyar died leaving a will, dated 1st December, 1918, by which he disposed of his properties in various ways. One of the properties dealt with under the will is a house in Kumbakonam. He gave a life estate in this house to his widow Dharmambal and the remainder to Kuppalu Ammal and her heirs. This Kuppalu Ammal, it may be mentioned, was a daughter of Dharmambal’s sister. In November, 1933, Dharmambal orally surrendered her life estate in the house in favour of Kuppalu Ammal. In 1940, Kuppalu died and thereafter her sons-they are the appellants before us-obtained possession of the house. Sivakami Achi died in September, 1938, and her interests devolved on her daughter Alamelu Achi. On 7th February, 1942, Alamelu Achi filed E.A. No. 196 of 1942 in the Court of the District Munsif of Mayavaram praying that the decree be transmitted for execution to the Court of the District Munsif, Kumbakonam. In that E. A. Dharmambal was shown as the second respondent in place of her deceased husband S


















































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