Rama Rao – Appellant
Versus
Kuthiya Koundan Alias Marappa – Respondent
1. The suit is by the plaintiffs as reversioners to recover possession. The last male owner was Venkataramana Aiyar who died some forty years ago. His widow Tulasi Ammal died in September 1908. The plaintiffs claim to be the sisters sons of Venkataramana Aiyar.
2. The defendants are alienees from Tulasi Ammal. They denied the plaintiffs relationship to the last male owner and pleaded that one Ranga Aiyar was the nearer heir, being a Diyadi. They also claimed that some of the properties were Tulasi Animals self-acquisition and that as regards the others their alienation was for justifiable purposes.
3. The District Munsif held that there were no nearer heirs than the plaintiffs whom he found to be the sisters sons of the deceased male owner, and that most of the alienations were not binding on them. He gave a decree for the major portion of the properties in the suit.
4. On appeal, the Subordinate Judge, without determining whether the plaintiffs were heirs, was of opinion that the plaintiffs should prove affirmatively that there were none nearer than themselves. He discussed the oral evidence given for the plaintiffs and defendants and stated : "on the above evidence of defend
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