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1928 Supreme(Mad) 34

RAMESAM
Ramasamy Pillai – Appellant
Versus
Marimuthu Goundan – Respondent


JUDGMENT

Ramesam, J.

1. This appeal arises out a suit tiled on a mortgage bond (Ex. A), dated 6th April 1907, executed by Muthuswami Goundan, grandfather of the two defendants. The mortgagor died on 1st September 1915 His son, Kandaswami Goundan, the father of the two defendants, died in 1917 or 1918. The suit was filed on 6th February 1920. The plaint alleged that the mortgage debt was taken for the purposes of the defendants family, for paying antecedent debts and meeting necessary expenses of the family, and that the defendants are the undivided grandsons of the mortgagor. The defendants denied these allegations. They alleged that the mortgagor had no right to the suit properties, that they never formed part of the joint family properties of the mortgagor or his son and they also denied that the mortgagor was manager of the family at the time of the mortgage. They pleaded that the property belonged solely and exclusively to Marimuthu Goundan, father of the mortgagor and grandfather of the defendants, that the mortgagor never lived jointly with his father and the properties were bequeathed in favour of the defendants by Marimuthu Goundan by a registered will dated 1st August 1907,

































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