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1947 Supreme(Mad) 259

PATANJALI SASTRI, TYAGARAJAN
The Catholic Mission Presentation Convent by Mother Superior, Coimbatore, and another – Appellant
Versus
Subbanna Goundan and others – Respondent


Advocates Appeared:
The Advocate-General (K. Rajah Aiyar) and M. Krishna Bharathi for Appellants.
T.V. Muthukrishna Aiyar, S. Sitarama Aiyar and S. Rajaraman for Respondents.

Patanjali Sastri, J.-

This is a second appeal preferred by defendants 6 and 7 from a decree of the District Judge of Coimbatore affirming the decree of the Subordinate Judge of the same place whereby the title of the respondents 1 to 4 to certain immoveable properties was declared, and the appellants were directed to deliver possession of them to the said respondents with mesne profits.

One Nanjappa Goundan was the original owner of the properties, and on his death many years ago his widow Palaniammal inherited the properties and was in enjoyment thereof till the 10th January, 1931, when she died. Thereupon disputes arose regarding succession to the properties of Nanjappa between the fifth respondent, who was the first defendant in the suit who claimed title to be the nearest sapinda and reversioner of Nanjappa on the one hand and defendants 8 and 9 who are the grandsons of Palaniammal’s sister and set up title as devisees under her will on the other. The first respondent’s father, Palani Goundan, who, it has been found below, and the finding has not been questioned before us, was Nanjappa’s step-sister’s son and as such his true reversionary heir under the Hindu Law of Inheritance (
















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