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Kanakammal and ors. Vs. Rangachariar and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1897)ILR20Mad25
AppellantKanakammal and ors.
RespondentRangachariar and anr.
Cases ReferredCivil Procedure Code Ramachandra Joishi v. Hazi Kassim I.L.R.
Excerpt:
civil procedure code, section 562 - remand--preliminary point. - .....life-interest of the first defendant so as to accelerate the succession of the next heir. we observe that there is no statement in exhibit t, that a life-interest merely is transferred, and the concluding -words in which she speaks of the donee possessing henceforth full powers of sale, etc., indicate that the woman purported to transfer such absolute interest. we observe further that the donee at once proceeded to exercise the rights of an absolute owner and transferred the property to the defendants nos. 3 to 5. in these circumstances, we think that the view taken by the subordinate judge is correct, and that plaintiffs had a cause of action.3. we therefore dismiss this appeal with costs.
Judgment:

1. We think that the District Munsif did decide the suit on a preliminary point within the meaning of Section 562, Civil Procedure Code Ramachandra Joishi v. Hazi Kassim I.L.R. 16 Mad. 207. The order of remand was therefore legal.

2. As to the merits of the remand order, it is urged that Exhibit I is merely a transfer, of the life-interest of the first defendant so as to accelerate the succession of the next heir. We observe that there is no statement in Exhibit T, that a life-interest merely is transferred, and the concluding -words in which she speaks of the donee possessing henceforth full powers of sale, etc., indicate that the woman purported to transfer such absolute interest. We observe further that the donee at once proceeded to exercise the rights of an absolute owner and transferred the property to the defendants Nos. 3 to 5. In these circumstances, we think that the view taken by the Subordinate Judge is correct, and that plaintiffs had a cause of action.

3. We therefore dismiss this appeal with costs.


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