MINOR RATNAVELU CHETTIAR BY MOTHER AND GUARDIAN MADHURAVALLI AMMAL AND ANR. Vs. FRANCISCU UDAYAR AND ORS.
LAWS(MAD)-1944-12-18
HIGH COURT OF MADRAS
Decided on December 19,1944

Minor Ratnavelu Chettiar By Mother And Guardian Madhuravalli Ammal And Anr. Appellant
VERSUS
Franciscu Udayar And Ors. Respondents

JUDGEMENT

Somayya, J. - (1.) DEFENDANTS 3 and 4 are the appellants The suit properties were originally owned by one Murugappa Chetti. The first defendant purchased them from third defendant's guardian on the footing that the third defendant is Murugappa's son and the fourth defendant is an alience from the first defendant. The plaintiff claims under a Court sale held in execution of a money decree obtained against the second defendant. His case is that the second defendant was the adopted son of Mrugappa Chetti, the original owner of the property and that the third defendant was not the son of Murugappa. Defendants 1, 3 and 4 danied the second defendant's adoption.
(2.) THE lower appellate Court found that the second defendant's adoption by ' Murugappa is true and that the third defendant is the legitimate son of Murugappa. On this finding the plaintiff would be entitled to a half share and defendants 1, 3 and 4 to another half share. But the validity of the Court auction at which the plaintiff became the purchaser is attacked on another ground which has been upheld by the lower appellate Court. It is necessary to state a few facts in order to understand that contention.
(3.) THE second defendant was adjudged an insolvent in I.P. No. 6 of 1928 on the file of the Sub -Court. The first Court did not adjudge him so; but on appeal, C.M.A. No. 72 of 1930, the District Judge adjudicated him an insolvent on 16th February, 1931. The adjudication was annulled on 10th February, 1937.;


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