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1995 Supreme(Mad) 793

SRINIVASAN, A.R.LAKSHMANAN
S. Panchanathan – Appellant
Versus
Ellappan (died) – Respondent


Advocates Appeared:
For the Respondents:K. Hidayathullah & G. Kathirvelu, Advocates.

Judgment :-

SRINIVASAN, J.

1. With the consent of the parties, these appeals are taken up together. The facts are as follows:—

2. The property situate at old No. 7, New No. 12, Muthu Gramani Street, Periamet, Madras-3, belonged originally to one Jeevarathinam Chettiar. Jeevarathinam Chettiar had a wife by name Rajambal and a brother by name Ponnusamy Chettiar. Jeevarathinam Chettiar died on 15.6.1958. Date of death of Ponnusamy Chettiar is not known. Rajambal was the only heir of Jeevarathinam Chettiar. She was in enjoyment of the property. Ponnusamy Chettiar had two wives, Thayalnayagi and Jayammal. Thayalnayagis son was one Ellappa Chettiar and Jayammals daughter was one Kokila. They had no other issues. Kokila married one Panchanathan Chettiar, who is the appellant in all these appeals. Ellappa Chettiar is the 1st respondent in the two O.S. Appeals. He died during the pendency of the appeals and his legal representatives have been brought on record as respondents 3 to 6.

3. Rajambal executed a deed of trust on 10.9.1958, which is marked as Ex: A.7 in O.S. No. 9230 of 1984. Under that document, she dedicated the property to a trust and constituted herself as Founder-Trustee for her









































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