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1946 Supreme(Mad) 132

SOMAYYA
Kuppuswami Mudali – Appellant
Versus
Thangavelu Mudaliar – Respondent


Advocates:
B.V. Viswanatha Aiyar for Appellant.
T.L. Venkatarama Aiyar for Respondents.

Judgment

Plaintiffs-respondents filed the suit out of which this second appeal arises for a declaration that the alienation made by Alamelu Ammal is not binding upon them. The properties belonged to one Ayyaswami Mudali who died in the year 1902 leaving a widow Nagammal and two daughters Alamelu Ammal and Kuppammal. Nagammal died in 1924 and thereupon Alamelu Ammal and Kuppammal inherited the property as the daughters of the last male holder. It is common case that some sort of division was effected between Alamelu Ammal and Kuppammal and there is a question whether this division was only for convenient enjoyment or whether it was an absolute partition by which the right of the survivor to recover the property on the death of the predeceased sister was also given up. This question has not been gone into for two reasons: firstly that Kuppammal is not a party to the alienation and secondly that the matter can be disposed of without going into this question, because assuming that the alienation was supported by consideration, Alamelu Ammal one of the daughters cannot by herself alienate the property so as to be binding on the male reversioners after the death of Alamelu Ammal and Kuppa








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