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1958 Supreme(Mad) 252

RAMACHANDRA.IYER
T. B. Sri Rangi – Appellant
Versus
Asia Bai – Respondent


Advocates Appeared:
D. Ramaswami Iyengar and P.R. Varadarajan, for Appellant; P.S. Balakrishna Iyer and P.S. Ramachandra Iyer, for Respondent.

Judgement

JUDGMENT :- This second appeal arises from the decree and judgment of the District Judge, Coimbatore, in A. S. No. 465 of 1954 which confirmed the decree and judgment of the Subordinate Judge, Nilgiris at Ootacamund in O. S. No. 193 of :1952. The third defendant in the suit is the appellant. The suit was for partition and delivery of separate possession of the plaintiffs 3/5th share or in the alternative 4/6th share in certain buildings and sites described in the schedules to the plaint.

In the present appeal we are concerned only with two of the properties, namely, shops bearing door Nos. 307 and 308. One Kamakshi was the owner of the properties. She had a daughter Lakshmij through whom she had a grandson, Rangaswami. On 29-8-1924 Kamakshi executed a will, Ex. A. 48, the construction of which is the point for consideration in the present appeal. Under that document the suit properties were bequeathed to the children of Rangaswami.

Kamakshi died on 18-1-1925. On the date of the will Rangaswami had only one child, a daughter, Yasoda, but by the time the testatrix died there was also a son to him by name Sundararaja. In addition three children were born to Rangaswami before Ya






































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