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1959 Supreme(Mad) 88

RAMASWAMI
Gnanamuthu Udayar – Appellant
Versus
Anthoni and others – Respondent


Advocates Appeared:
A. Dorairaj, for Appellant; R. Rangachari, for Respondent.

Judgement

JUDGMENT :- This second appeal is preferred against the decree and judgment of the learned Subordinate Judge of Tiruchirapalli in A. S. No. 201 of 1950, reversing the well-considered judgment of the learned District Munsif of Ariyalur in O. S. No. 434 of 1946.

2. The short facts are : The plaintiffs who are Christian Udayars have purchased the suit property for Rs. 500/- under Ex. A-1 dated 11-11-1942 from the deceased Maria Arogyam and Maria Arogyams grandson and Sowri Ammal. The case for the plaintiffs is that Maria Arogyam is the lawfully wedded wife of Maria Susai Udayar, that Maria Susai Udayars divided brother is the first defendant, and that Maria Susai Udayar died in or about 1939 surviving him his widow Maria Arogyam, his daughter Sowri Ammal and his son Antoniswami. By 11-11-1942 Antoniswami and his wife had died leaving behind them their son Hirudayaswami.

In the sale deed Ex. A-1 this Hirudayaswami is represented by Maria Arogyam. Subsequently, Hirudayaswami also died. The plaintiffs after purchasing these properties have obtained patta for the same. The first defendant Sowrimuthu Udayar and the other defendants, who claim to be the heirs of Maria Susai Udayar, o





































































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