Rangappa Nayakar – Appellant
Versus
Rangaswami Nayakar – Respondent
1. The facts relating to this appeal may be set out very briefly. One Gopal Nayak died in the year 1900, leaving him surviving no son but only his daughter, one Kuppammal, and grandson by that daughter, one Ganga Nayak. That he left a Will seems undisputed, but the terms of this will are in dispute. Soon after the death of Gopal Nayak, his daughter Kuppammal and grandson Ganga Nayak began alienating various items of property pertaining to his estate. Exhibits C series and D series and 24, 34 series and 35, are all deeds of hypothecation or sale so made in the years 1901 and 1902. By a registered instrument marked F in the case, Kuppammal and Ganga Nayak purported to sell and convey to one Govindappa Nayak all the items of immovable property set out in Schedules 1 and 2 to the plaint. It also appears that some time after the death of Gopal Nayak, his daughter and grandson applied for succession certificate to the District Court of Tinnevelly and that the petition was opposed by or on behalf of the defendants on the ground that the deceased Gopal Nayak was undivided from his brother and nephews, and that all the property of the family having survived on his death to his broth
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