IMMUDIPATIAN THIRUGNANA KONDAMA NAIK Vs. PERIYA DORASAMI
IMMUDIPATIAN THIRUGNANA KONDAMA NAIK
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(1.) The subject of this litigation is the impartible zamindari of Ayakudi, In the year 1882 Ovala was its owner. Transactions then took place by virtue of which Thirugnana, his nephew, claims to be owner. He, along with his minor son, is the substantial defendant below and now appellant. Afterwards in the year 1883 Periya, the plaintiff below and now respondent, was born to Ovala by his wife Angammal. He also claims to be owner by inheritance from his father who died in the year 1890
(2.) There are, in fact, two suits, Nos. 53 and 54 of 1895. But the only difference between them is that the bulk of the property which is comprised in one suit is subject to a mortgage which the plaintiff asks to redeem; and that a small portion of it, consisting of the palace the temple, and some endowments, comprised in the other suit, is not so subject. The question in both suits is the same, viz., what was the effect of the transactions in the year 1882? Other issues have been raised, but have not been urged at this bar. The Subordinate Judge decided in favour of the defendant. The High Court decided the other way; and the defendant appeals from their decision.
(3.) Ovala came to the zamindari in the year 1872 by transfer from his father, who declared himself to be old and unable to manage the affairs. He seems to have been no more capable than his father, and in his hands the debts of the estate, which were large before, became larger. In the year 1879, he executed an usufructuary mortgage by way of Lease for nineteen years to one Ramanathan Chettiar in consideration of advances of money and of a sum of Rs. 3,000 per annum to be paid by the mortgagee for the maintenance of the family. Debts, however, went on increasing, and on the 4 November 1882, a new arrangement was made with Lakshamanan Chettiar, who was the heir of Ramanathan and is the present mortgagee.;
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