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1944 Supreme(Mad) 129

KRISHNASWAMI AYYANGAR
Minor Athilinga Goundar by guardian Thirumal Ammal – Appellant
Versus
Minor Ramaswami Goundar – Respondent


JUDGMENT

Krishnaswami Ayyangar, J.

1. This second appeal arises out of a suit instituted by the two sons of one Alagu Gounder by his second wife against his two sons by his first wife. Alagu Gounder had married two wives, Kasi Ammal and Onnammal. On 28th November 1934 he effected a partition of the family properties but reserved no share for himself. At this date he had one son Alagu Gounden by his senior wife, Kasi Ammal, and two sons Perumal and Ramaswami by his junior wife, Onnammal. They were all minors. The scheme of the partition was to allot one share to Kasi Ammal and her son defendant 1 and two shares to Onnammal and her two sons, the plaintiffs in the present suit. He retained for himself a few items of properties for his own maintenance but without power of alienation. After his lifetime these properties were to be taken by his three sons in equal shares. The possibility of male children being subsequently born was contemplated and to meet that contingency the following provision was inserted in the deed:

Male children who might hereafter be born out of your (the two wives Kasi Ammal and Onnammal) lions should be provided for out of the shares allotted to the respective fa











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