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1941 Supreme(Mad) 398

MOCKETT
Krishnaswami Reddiar alias Rajah Chidambara Reddiar – Appellant
Versus
Venugopala Reddiar by his agent V. A. Lakshminarasimha Aiyar – Respondent


JUDGMENT

Mockett, J.

1. It is unnecessary to set out the complicated facts which are the basis of the suit, the subject of this civil revision petition. The following statement of the essential facts is sufficient. The plaintiff filed O.S. No. 55 of 1932 in the Court of the Subordinate Judge of Trichinopoly against the defendants, who both reside in Rangoon. The prayer in the plaint is as follows:

(a) For a decree directing the defendants to deliver the properties in Schedule 0, Parts I, II and III, together with profits from date of suit; and declaring that the plaintiff is solely and absolutely entitled to the assets described in Schedule C, Part IV.

(b) In case the plaintiff is held not entitled to that relief, for a decree directing the division, of the properties in Schedules A, B and C into one fourth, three-eighths and three-eighths shares allotting Schedules A and B to the plaintiff and charity and adding so much property from Schedule 0 as may be necessary to make them a just moiety of three fourths and one-fourth respectively of the entire estate.

(c) For a decree that the, plaintiff is entitled to the trusteeship of the charity and to the management of the properties attached














































































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