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1942 Supreme(Mad) 158

CHANDRASEKHARA.AIYAR
Sheshamma Shedthi – Appellant
Versus
Vasudeva Bhatta – Respondent


JUDGMENT

Chandrasekhara Ayyar, J.

1. The question that arises in this second appeal is whether the charge oreated under the partition deed Ex. C between the two brothers Anni Bhatta and Narayana Bhatta over the properties allotted to Narayana Bhattas share and in favour of Anni Bhatta can be enforced by the plaintiffs who have got a sale of the properties from Anni Bhatta against the defendant, who is a purchase of Narayana Bhattas properties. The charge was created for the purpose of meeting the expenses of certain ceremonies, namely the samaradhana of Srinivasa Devaru, Navarathri Puja, the Mahalaya and the sradhas of Narayana Bhatta and his wile Venhamma. It may be mentioned that Narayana Bhatta is the maternal grandfather of Anni Bhatta and Narayana Bhatta, the brothers. He made a will Ex. B, appointing his son-in-law Rama Bhatta as the executor and directing him to get the ceremonies performed perpetually by himself and his sons. At that time, the son-in-law Rama Bhatta had two sons, Anni Bhatta and Narayuna Bhatta through his first wife, Yamunmma. later on, he married a second wife and the plaintiffs are his second wifes sons.

2. The plaintiffs claim to enforce the charge on the

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