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1986 Supreme(Mad) 410

SRINIVASAN
S. S. Rajalinga Raja – Appellant
Versus
S. Thiruvengadathammal – Respondent


Advocates Appeared:
M/s. B. Kumar, R, Loganathan, R. Nadana-sabapathy & R. Dhanapalraj for Appelts.
M/s. T.R. Rajagopalan, T.R. Rajaraman, S. Navaneethakrishnan for Respts.

Judgment :-

1. These two second appeals revolve round the interpretation of a Will executed by a common ancestor of the plaintiff and defendants 1 to 7. The first respondent in both the appeals is the plaintiff in the suit for partition and separate possession of 1/6th share in the suit properties. Admittedly, the suit properties belong to one Sooryanarayana Chetti who died in 1928. By his will dated 25-1-1926 he bequeathed the suit properties and other properties in favour of his wife Thiruvengadathammal. The latter executed a will dated 13-5-1931, distributing her properties among her grandsons, sons and others. Thiruvengadathammal had two sons and a daughter. The plaintiff in this suit is the daughter of one of the sons of Thiruvengadathammal, viz, Chidambaram Chettiar. The first defendant is the brother of the plaintiff. The second defendant is the daughter of Thiruvengadathammal. Defendants 3 to 6 are the grandchildren of Thiruvengadathammal through her other son Manikavasagam Chettiar. The seventh defendant is the wife of the first defendant. The 6th defendant died pending suit and her legal representatives were brought on record as defendants 48 to 51. Thiruvengadathammal die











































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