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1937 Supreme(Mad) 312

MADHAVAN NAIR
C. V. Vythinatha Aiyar – Appellant
Versus
C. V. Varadaraja Aiyar – Respondent


JUDGMENT

Madhavan Nair, J.

1. One Varadaraja Aiyar died on the 7th February, 1925, leaving movable and immovable properties worth about Rs. 20,000. The first defendant-appellant is his son, and the plaintiff is the son of the first defendant. Varadaraja Aiyar executed two wills, Ex. LX in 1912 and Ex. B in 1922. By the second will he revoked the first one. Under the first will his properties, described as his self-acquisitions and additions therefrom, were given to the first defendant. Under the second, a life interest in half the estate was given to the first defendant while the bulk of his estate was bequeathed to the plaintiff. The suit out of which this appeal arises was instituted by the plaintiff to declare that the plaintiff and the first defendant are entitled to a life interest in two equal shares over the suit properties with a remainder over to the plaintiff and his sons, to call upon the first defendant to render a full account of the entire estate left by the testator and in exclusive possession of the first defendant and pass a general administration decree against him. These declarations are asked for on the basis of the second will which dealt with the suit properties

































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