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Mammilli Kunhi Raman Kitavu, Karnavan and Manager of the Thavazhi of Kallod Amsom and Desom Vs. Vengileri Thanacheri Kunhi Karnavan Kitavu - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Reported inAIR1940Mad80; (1939)2MLJ757
AppellantMammilli Kunhi Raman Kitavu, Karnavan and Manager of the Thavazhi of Kallod Amsom and Desom
RespondentVengileri Thanacheri Kunhi Karnavan Kitavu
Cases ReferredVythianatha Aiyar v. Varadaraja Aiyar
Excerpt:
- wadsworth, j.1. in the absence of evidence that the family possessed property with the income of which the new acquisition might have been made there is no presumption that the property acquired by the manager is family property - vythianatha aiyar v. varadaraja aiyar : air1938mad841 . the fact that an item the character of which is in dispute is mortgaged along with another item proved to be family land will not raise a presumption that the disputed item was also family land unless it be shown that the mortgage itself was a borrowing for the benefit of the family. on both these points the evidence is lacking. the appeal has therefore to be dismissed.
Judgment:

Wadsworth, J.

1. In the absence of evidence that the family possessed property with the income of which the new acquisition might have been made there is no presumption that the property acquired by the manager is family property - Vythianatha Aiyar v. Varadaraja Aiyar : AIR1938Mad841 . The fact that an item the character of which is in dispute is mortgaged along with another item proved to be family land will not raise a presumption that the disputed item was also family land unless it be shown that the mortgage itself was a borrowing for the benefit of the family. On both these points the evidence is lacking. The appeal has therefore to be dismissed.


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