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1943 Supreme(Mad) 198

PATANJALI SASTRI
T. B. S. Seela Bodi Naicker – Appellant
Versus
T. V. K. Kama Raja Pandiya Naicker, Zamindar of Bondinaickanur died – Respondent


JUDGMENT

Patanjali Sastri, J.

1. The question raised in this appeal relates to the true construction of what has been called a " release deed " executed on the 6th of May, 1890, by one Sundarapandiya Naicker and Kamalu Ammal, the widow of the previous zamindar of Bodinaickanur. The appellants are the successors in title of Sundarapandiya Naicker and the first respondent (hereinafter referred to as the respondent) is the present zamindar of Bodinaickanur. The question is whether a property known as Mallingaswami Hill comprising hill and forest tracts of 1,500 acres in 6xtent passed to Sundarapandiya Naicker under the release deed which is marked as Ex. XLVIII in the case. The facts which led to the execution of this document may be briefly stated The previous zamindar of Bodinaickanur died in 1888 and disputes arose regarding succession to the zamindari between his widow Kamalu Ammal, the respondents father who claimed the estate as the undivided coparcener of the late zamindar and Sundarapandiya Naicker who claimed it as his Uncle. The disputes were eventually compromised and Ex. XLVIII embodies the terms settled between Sundarapandiya and Kamalii. The terms of the settlement between














































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