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Subrahmaniam Chetti Vs. Authinarayanan - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1897)7MLJ288
AppellantSubrahmaniam Chetti
RespondentAuthinarayanan
Cases ReferredKameswar Pershad v. Rajkumari Buttun Koer L.R.
Excerpt:
- - 234 is clearly distinguishable from the present. 2. here the two suits present two perfectly distinct grounds of claim. we have no copy of the will before us, and it may well be that the one claim is even inconsistent with the other.1. we think kameswar pershad v. rajkumari buttun koer l.r. 19 i.a. 234 is clearly distinguishable from the present. there the judicial committee held that the agreement on which the second suit was founded ought to have been put forward in the first suit.2. here the two suits present two perfectly distinct grounds of claim. in the first suit, the plaintiff claims by virtue of an alleged adoption. in the second suit, it is a will which is put forward as giving title to the property. a. person who takes by adoption is obviously in a totally different position from one who takes under a will. we have no copy of the will before us, and it may well be that the one claim is even inconsistent with the other.3. we must dismiss the appeal with costs.
Judgment:

1. We think Kameswar Pershad v. Rajkumari Buttun Koer L.R. 19 I.A. 234 is clearly distinguishable from the present. There the Judicial Committee held that the agreement on which the second suit was founded ought to have been put forward in the first suit.

2. Here the two suits present two perfectly distinct grounds of claim. In the first suit, the plaintiff claims by virtue of an alleged adoption. In the second suit, it is a will which Is put forward as giving title to the property. A. person who takes by adoption is obviously in a totally different position from one who takes under a will. We have no copy of the will before us, and it may well be that the one claim is even inconsistent with the other.

3. We must dismiss the appeal with costs.


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