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1994 Supreme(SC) 890

K.S.PARIPOORNAN, M.N.VENKATACHALIAH
N. Jayalakshmi Ammal – Appellant
Versus
R. Gopala Pathar – Respondent


Advocates:
A.T.M.SAMPATH, K.R.CHOUDHARY, Pushpa Rajan, R.K.Sharma, S.BALAKRISHNAN, S.PRASAD RAO, SUNDRA VARADAN

JUDGMENT

PARIPOORNAN, J. :—Plaintiffs Nos. 2 to 3 in O.S. No.42 of 1973, Subordinate Judges Court, Kumbakonam, legal heirs of plaintiff No.1 who died pending the suit, are the appellants in the appeal. Defendants Nos. 1 and 2 in the suit are the respondents herein. The plaintiffs have preferred this appeal against the Judgment of the Madras High Court in Second Appeal No. 1502 of 1979, dated 15.6.1984. The said Judgment is reported in AIR 1984 Madras 340 : R Gopala Pathar v. N. Jayalakshmi Ammal.

2. In order to understand the nature of the controversy raised in this appeal a few facts may be stated. The property in dispute (in the suit) measures 10 feet east to west and 125 feet north to south in Big Street, Kumbakonam Town, Tamil Nadu. The suit property as well as similar extent measuring in all 10 feet east to west and 250 feet north to south belonged to one Visalakshmi Ammal. On 1-2-1928, by Exhibit B.1 Visalakshmi Ammal sold the entirety of the property aforesaid to one Govindaswamy and his brother Srinivasa, who was then a minor and was represented by his mother as guardian. In the document, Srinivasa was described as an undivided minor son in the family. The acquisition purpor





























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