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2004 Supreme(SC) 1392

S.H.KAPADIA, ASHOK BHAN
Meenakshiammal (Dead) Through Lrs. – Appellant
Versus
Chandrasekaran – Respondent


JUDGMENT

Kapadia, J.-This civil appeal, by grant of special leave, is directed against a judgment and order dated 20.11.1997 of a Single Judge of the Madras High Court allowing Second Appeal No. 1996 of 1982.

2. For the sake of convenience, the parties herein are referred to as they are arrayed in the trial Court.

3. The brief facts giving rise to this appeal are as follows:-

One Velu Pillai had two wives. The said Velu Pillai by his first wife had a daughter by name Kamakshi and a son by name Sivaperumal (hereinafter referred to as "Siva"). The said Velu Pillai by his second wife had a son by name Sadasivam and two daughters, Kaveri (spinster) and Gnanambal. That, Kamakshi, the real sister of Siva, had three children, namely, Meenakshi Ammal (plaintiff No.1), Arunachalam Pillai (plaintiff No.2) and Palani Velu Pillai (plaintiff No.3). Appellants herein are the legal representatives of the said plaintiffs.

4. Defendant No.1, Chandrasekaran (respondent No.1) is the son of Sadasivam whereas defendant No.2, Vadivelu (respondent No.2) is the son of Gnanambal. They are the children of the step brother and the step sister of Siva.

5. Siva died as bachelor on 6.11.1978. Siva and his step brothe
























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