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1938 Supreme(Mad) 380

VENKATARAMANA RAO
Chaduragiri Kattari Nagayya Kamarajendra Ramaswami Kamaya Nayakkar – Appellant
Versus
Viralakshmi Ammal – Respondent


JUDGMENT

Venkataramana Rao, J.

1. These two appeals are from the judgment and decree of the learned Subordinate Judge of Madura giving possession of the suit property known as Bodinaickanur Zamin bungalow in the City of Madura, to plaintiffs 2 and 3. Appeal No. 302 of 1934 is by the defendant; appeal No. 9 of 1935 is by plaintiff 1. The substantial question for determination is whether the suit property forms part of the impartible zamindari of Bodinaickanur and the plaintiff, as the present proprietor of the zamindari, is entitled to it or was it the absolute property of one Kamalammal and on her death, did it devolve on plaintiffs 2 and 3 as her daughters daughters. The facts necessary for its disposal may be briefly stated. The major portion of the site on which the building stands was purchased by Bangarasami Naieker, a former Zamindar, some time prior to 1870. He died in 1871 and was succeeded by his son, Kamaraju Naieker, who was then a minor. The Court of Wards was in management of the estate on his behalf. During the period of such management, in or about 1874, the Court of Wards purchased a site, adjacent to the site already purchased and constructed the bungalow in question








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