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1963 Supreme(Mad) 76

ANANTANARAYANAN, RAMAMURTI
Venkatarama Naidu – Appellant
Versus
Jayammal – Respondent


Advocates Appeared:
R.Rangachari and R. Raghunathan, for Appellants; D. Ramaswami Iyengar and T.R. Ramachandran, for Respondents.

Judgement

ANANTANARAYANAN, J.:- The appeal is instituted by the defendants in the Court below (the Court of the learned Subordinate fudge of Tiruchirapalli) in a suit for recovery of possession and future mesne profits, which was decreed as prayed for. In view of the interesting issue that has been raised in this appeal, by learned counsel tor the appellants (Sri K. Rajah Iyer) of the application of the principle of adverse possession to a person in a fiduciary capacity, who had not acquitted himself by re-delivering the property to the representative of the trust, it is important to proceed into the precise facts in some detail.

2. A certain Venkatarama Naidu had two sons, namely, Veerasami Naidu, who died in 1921, and Vengama Naidu, who died in 1924. Vengama Naidu had a son Govindaraja, who died in 1941, and a daughter, Seethammal, who died in 1943. This Govindaraja had a first wife, Jayammal, by whom he had a son, Venugopal, who died as a minor in January 1945; it will be pertinent to state that Venugopala was born in 1929. Thayarammal is the second wife of Govindaraja, and the two widows, namely, Jayammal and Thayarammal, were the plaintiffs in this suit. Seethammal, the sister o


















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