SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1916 Supreme(Mad) 67

Rama Rao – Appellant
Versus
Kuthiya Koundan Alias Marappa – Respondent


JUDGMENT

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








Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top