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1926 Supreme(Mad) 494

RAMESAM
Somasundaram Mudaliar – Appellant
Versus
K. S. Rajappa Mudaliar – Respondent


JUDGMENT

Ramesam, J.

1. This second appeal arises out of a suit for enforcing the registration of a portion of a certain document. The Subordinate Judge dismissed the suit. The District Judge decreed it. The defendants appeal.

2. The document in question is a partition-deed between the plaintiff and the first defendant who are brothers. The whole document except paragraph 8 was registered. The suit relates only to paragraph 8. Defendants 2 and 3 are the sons of the first defendant. Paragraph 8 of the, document runs thus:

Since we have allowed our aunt, Kuppanni to enjoy for her maintenance 41 acres 31 cents of land purchased by our natural guardian and grandmother Muthanni in her name in Singalanthi, Pandi and other villages in the Thiruthuraipundi Taluk, we shall divide the said property between ourselves in moieties after her death.

3. Before I discuss the question of law I will clear up the further facts necessary for deciding this case. The plaint after alleging that the grandmother of the parties purchased certain lands, Has got a schedule annexed to it in which the lands are specifically described. In the schedule, survey numbers are given, the villages are mentioned and they are





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