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1951 Supreme(Mad) 143

BALAKRISHNA AYYAR
Ponnammal alias Guruvammal – Appellant
Versus
Kanthammal and others – Respondent


Advocates Appeared:
T.M. Krishnaswami Iyer and N. Sivaramakrishna Iyer, for Petitioners; The Government Pleader, T.R. Venkataraman, N. Vanchinathan and R. Ramamurthi Iyer, for Respondents.

Judgement

ORDER :- Venkata Reddi and Bapu Reddi were two brothers. The former died in 1917 leaving two widows of whom only one, viz., the first plaintiff is now surviving. Bapu Reddi died in 1936 leaving behind him two widows who are defendants 1 and 2. Venkata Reddi and Bapu Reddi had a sister named Chinnammal and the 3rd defendant is the son of this Chinnammal. A few days after Bapu Reddi died defendants 1 and 2 executed a surrender deed of their entire interest in the estate in favour of 3rd defendant. It is alleged in the plaint that the mother of 3rd defendant also joined in the execution of the document. The plaint alleges that the law applicable is the Mitakshara law as it prevails in Travancore and that according to that system of law on the death of Venkata Reddi and Bapu Reddi their estate vested in all the widows together.

The plaint further alleges that the surrender deed executed by defendants 1 and 2 and Chinnammal is void and of no legal effect whatsoever. After the execution of the surrender deed various alienations were effected. The plaintiffs, therefore sued to recover possession of the entire estate from defendants 1 to 3 and their alienees. In view of the doubt w








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