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1961 Supreme(Mad) 313

ANANTANARAYANAN
Lakshmi Ammal – Appellant
Versus
Subbarathnammal – Respondent


Advocates Appeared:
A. Sundaram Iyer, for Appellant; T.R. Ramachandran, for Respondent.

Judgement

JUDGMENT :- The facts of this second appeal are within a very short compass, and the question is whether, in reversing the judgment and decree of the first court, the learned Additional Subordinate Judge in the first appeal has not committed a palpable error of law and thus arrived at a wrong conclusion altogether. The facts are as follows:

2. The suit was by one Lakshmi Ammal, the widow of a certain Lakshminarayana Aiyar, for declaration of title and permanent injunction with regard to a piece of property, measuring 38 cents in S. No.130/3 in Ochalam village, Arkonam taluk. The following facts are not in dispute. The property originally belonged to one Subbarama Aiyar, D.W.1, and, from him, the plaintiff (Lakshmi Ammal) purchased this property under Ex.B.1 for Rs.50 on 10-12-1939. The plaintiff claims that, after the purchase, there was mutation of registry in her name, and that she was enjoying the suit property by leasing the property to others. The defendant is the legatee of the properties of Lakshminarayana Aiyar under a will executed by Lakshminarayana Aiyar, who died on 19-3-1955. The case of the defendant is that the plaintiff did not purchase this property and did










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