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1938 Supreme(Mad) 102

ALFRED HENRY LIONEL LEACH
The Official Receiver – Appellant
Versus
Samudravijayan Chettiar – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. The appellant is the Official Receiver of West Tanjore district. He represents the estate of one Ramappa Chettiar, an insolvent. The suit out of which this appeal arises was filed by Ramappas son, Samudravijayan, for a declaration that his father has merely a life interest in certain immovable properties and for an injunction restraining the appellant from offering for sale more than the alleged life interest. He also sought a decree for partition of other properties. The properties in respect of which the plaintiff alleged his father has a life interest are described in Schedule A to the plaint and the properties in respect of which partition was sought in Schedules B and C. The suit succeeded so far as it concerned the properties described in Schedule A, but it was dismissed so far as it concerned the other properties. The appellant contends that the learned Subordinate Judge of Kumbakonam who tried the case was wrong in holding that Ramappas interest in the A schedule properties was limited to a life estate. He maintains that Ramappas interest was that of an absolute owner. The appeal is limited to this question.

2. The original owner of








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