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Meenatchi Ammal Vs. Kalyanarama Aiyar - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Reported in(1897)7MLJ213
AppellantMeenatchi Ammal
RespondentKalyanarama Aiyar
Cases ReferredKumbalinga Pillai v. Ariyaputra Padiaohi Ib
Excerpt:
- - 1. the subordinate judge has given excellent reasons, founded on clear documentary and oral evidence for his conclusion that the transfers to the 6th defendant were bynami for the family of the plaintiff and defendants 1 to 3, these reasons have not been shown to be incorrect in the argument before us......nayar v. narayanan nambudri i.l.r. 16 m. 209 kumbalinga pillai v. ariyaputra padiaohi ib 17 m......
Judgment:

1. The Subordinate Judge has given excellent reasons, founded on clear documentary and oral evidence for his conclusion that the transfers to the 6th defendant were bynami for the family of the plaintiff and defendants 1 to 3, These reasons have not been shown to be incorrect in the argument before us. We concur in the finding of the Subordinate Judge on this issue. As to the effect of Section 317 of the Civil Procedure Code, with regard to the plaintiff's right to maintain the present suit to recover his share of the family property, we observe that the present case is governed by the decision in I.L.R. 6 M. 135. That case is exactly on all fours with the present case, and has not been overruled or dissented from in the cases referred to by the appellant's Vakil {Rama Kurup v. Sridevi I.L.R. 16 M. 290 Sanhunni Nayar v. Narayanan Nambudri I.L.R. 16 M. 209 Kumbalinga Pillai v. Ariyaputra Padiaohi Ib 17 M. 282.


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