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1962 Supreme(Mad) 6

ANANTANARAYANAN
Rathinasamy Konar – Appellant
Versus
Nagammal – Respondent


Advocates Appeared:
R. Sundaralingam and S. Shanmugham, for Appellant; K.S. Desikan and K. Raman, for Respondent.

Judgement

JUDGMENT :- This second appeal by the defendant in a suit for possession, involves the application of section 14 of the Hindu Succession Act (Central Act XXX of 1956) to the admitted and established facts. The matter has a certain degree of interest. It appears to me that the result of the application would have to be somewhat different from that arrived at by both the Courts below, and that the appellant would hence be entitled to succeed to a partial extent.

2. The original owner of the suit properties was one Singara Konar who died in 1931. He left two widows behind him, namely, the first plaintiff (whose daughter is the second plaintiff), and one Poornathachi. The widows were unable to live together amicably, and, in consequence of a certain mediation, Poornathachi purported to execute a release deed in favour of the first plaintiff and her daughter (second plaintiff), under the original of Ex. A.I dated 29-4-1931. The effective part of this instrument has been set forth by the first appellate Court, in the original Tamil text, in paragraph 8 of its judgment. Actually, nothing very much turns upon the interpretation of the relevant clause. What Poornathachi said, with r





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