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1938 Supreme(Mad) 367

ALFRED HENRY LIONEL LEACH
C. S. Nataraja Pillai – Appellant
Versus
C. S. Subbaroya Chettiar – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. In this appeal the Court is called upon to decide the question whether a foreign judgment declaring the respondent to be the adopted son of a Hindu widow is binding on the Court in a suit relating to immovable property. On the 26th April, 1891, one Calve Sadasiva Chetti, a French citizen, died in Pondicherry leaving a widow, but no issue. The deceased was a man of considerable wealth and had immovable properties in Pondicherry and in the Madras Presidency. By a will and a codicil dated the 25th July, 1889 and 20th May 1891, respectively, the deceased directed that the bulk of his estate should be devoted to charitable purposes and he appointed five executors and trustees. The will and the codicil were proved both in Pondicherry and in this Court by four of the trustees, but one of them, Calve Krishnaswami Chetti, refused to join in, and in 1892 instituted proceedings in Pondicherry for the removal of the trustees who had proved the will. As the result of this action the trustees were removed in 1906 and fresh trustees were appointed. The final decision was given by the Court of Cassation in Paris. There was also litigation in Pondicherry wi














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