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1916 Supreme(Mad) 302

W.AYLING, S.AIYANGAR
Neelakanta Rao – Appellant
Versus
Narayanaswami Aiyar – Respondent


JUDGMENT

1. The plaintiffs as reversionary heirs of one Ramachandra Ekanadha brought this action to recover certain immoveable property, the subject of this appeal, sold by Jamna Boi, the widow of the last male owner. Ramachandra Ekanadha, the last male owner, died in 1833 leaving his widow Jamna Boi and a daughter Soma Boi, then an infant of two years or thereabouts. The sale was made to six persons in equal shares by six separate sale-deeds on the 4th October 1860. The 10th defendant, the principal contesting defendant (whom we shall hereafter call the defendant) has now acquired the whole of the properties now in dispute through several intermediate sales from the alienees of the widow. The learned Subordinate Judge in the Court below has dismissed the plaintiffs suit in respect of these items on the ground that the sales were made by the widow to get money to pay debts borrowed by her for the expenses of the marriage of her daughter and for the cultivation expenses of some of her lands which had been affected by floods. The plaintiffs appeal and the principal question now is whether the finding of the Subordinate Judge on this matter is correct. The evidence as to the necessity









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