KANNAPPA MUDALIAR DIED Vs. KULANDAI AMMAL

JUDGEMENT

(1.) THE first defendant in O.S. No. 130 of 1976 on the file of the District Munsif Court, Arani is the appellant in this Second Appeal. THE first defendant/appellant died and his legal representative has already been brought on record. This Second Appeal comes up for consideration by way of second round of litigation.

(2.) AT the time of admission, the following substantial question of law was framed:- " Whether the learned Subordinate Judge has not properly construed the evidence and over-looked material evidence in holding that the suit property has not been purchased by the first defendant benami in the name of his mother""

(3.) MRS. Chithra, learned counsel for the appellant takes exception to a portion of the judgment of the first appellate Court and contended that the first appellate Court had applied wrong principles with respect to the succession which opened even prior to the commencement of the Hindu Succession Act, 1956.