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1993 Supreme(SC) 700

O. T. M. O. M. Meyyappa Chettiar – Appellant
Versus
O. T. M. S. M. Kasi Viswanathan Chettiar – Respondent


Advocates:
A.T.M.SAMPATH, B.S.Chauhan, R.Sundaravaradan, T.SHRIDHARN

JUDGMENT

Bharucha, J.

I. This appeal by special leave is directed against the judgment and order of the High Court at Madras dated March 15, 1977, whereby, in a second appeal the concurrent findings of fact of the trial court and the first appellate court were reversed.

2. The plaintiff claimed possession of the properties described in Schedule A to the plaint and joint possession of properties described in Schedules Band C to the plaint. There was no dispute before the High Court and there is no dispute before us to the properties described in Schedule A to the plaint, so that no further reference in that regard is required. The claim in respect of the Schedule Band C properties was that they were trust properties and consequential reliefs in respect of a one-fourth share in Schedule B properties and a one-half share in Schedule C properties was made. The defendants denied the case in the plaint and averred that the Schedule Band C properties were joint family properties that had been purchased much after the date of the deed of settlement and there had been no endowment of any share in those properties in favour of the trust. The trial court found that a one-fourth share in the S




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