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1944 Supreme(Mad) 162

The Imperial Bank of India – Appellant
Versus
Balasubramania Pandia Tevar – Respondent


JUDGMENT

1. This and the connected appeals are filed against the order of the District Judge of Tinnevelly passed in several proceedings which were taken to enforce the rights of various decree-holders and the Imperial Bank of India, the appellant, and raise a common question whether certain decree-holders can obtain rateable distribution under Section 73 of the Code of Civil Procedure of the amounts deposited in O.S. No. 3 of 1922 on the file of the lower Court which related to the succession to the Uthumalai estate. That estate was originally held by one Navaneethakrishna and on his death his adoptive mother Rani Meenakshi Sundara Nachiar succeeded to the estate. She died in 1921 and disputes arose as to the succession to the zamindari. There were three claimants. One claimed to be the fathers sisters son of the last male holder and filed O.S. No. 1 of 1922 on the file of the lower Court. The second claimant was one Marudappa Tevar who claimed that he was adopted by the deceased Rani Meenakshi Sundara Nachiar and he filed O.S. No. 2 of 1922. Lastly, one Subbayya Tevar as the maternal uncle of the last male owner filed O.S. No. 3 of 1922 in the same Court. Marudappa Tevar who claim























































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