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1933 Supreme(Mad) 22

MADHAVAN NAIR
Kandaswamy Goundar – Appellant
Versus
Chinnammal – Respondent


ORDER

Madhavan Nair, J.

1. The plaintiff is the appellant. This appeal arises out of a suit instituted by the plaintiff for a declaration that he is the adopted son of one Muthu Goundan of Siluvampatti and as such is entitled to recover the suit properties from the defendants together with mesne profits. Defendant 1 is the second daughter of the deceased Muthu Goundan and defendants 2 and 3 are his other daughters. Defendant 4 is the husband of the first daughter. Defendants 5 to 7 are persons who are in possession of some of the items of the property. Muthu Goundan died in the month of March 1920, and on 11th March 1921 his widow, Kaliammal, P.W. 1, adopted the plaintiff, the son of Muthu Goundans brother, P.W. 2. The plaint alleged that Muthu Goundan, before his death, had authorized his widow to adopt and that she took the plaintiff in adoption with the consent of the sapindas. The daughters who are defendants contested the adoption and said it was brought about at the investigation of P.W. 2 and that their mother who was not on good terms with them adopted the plaintiff with a view to spite them and deprive them of their inheritance. Defendant 1 also put forward a will by which t
















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