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1923 Supreme(Mad) 54

OLDFIELD
Ammani Ammal – Appellant
Versus
Periasami Udayan – Respondent


JUDGMENT

Oldfield, J.

1. The four items of suit property and others fell to two sisters, Vedambal and 6th defendant, in succession to their father; but Vedambal was in separate possession of the suit items under Ex. A, by which they, to the extent open to them, divided the estate. Vedambal died after alienating item 3 and a portion of item 4, to which this second appeal relates, to 3rd, 4th and 5th defendants. The plaintiffs, the sons of 6th defendant, have sued for a declaration of the invalidity of those alienations and for possession of those items. The question is whether they are entitled to sue, the lower appellate Court having held that they are and remanded the suit for trial on the merits.

2. In the plaint the title relied on is that the plaintiffs are the heirs of Veerabhadra, the father of Vedambal and 6th defendant; that is, reversioners of his estate. It is therefore impossible to proceed on the alternative ground, on which it was proposed to support the lower appellate Courts decision, that they could sue as heirs of Vedambal. Moreover, even if that ground were not excluded by the pleading, further reference to it would serve no purpose. For, whatever the extent of Vedam
















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