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2016 Supreme(SC) 205

KURIAN JOSEPH, ROHINTON FALI NARIMAN
Nagabhushanammal (D) By Lrs. – Appellant
Versus
C. Chandikeswaralingam – Respondent


JUDGMENT :

Kurian, J.

Delay condoned. Substitution allowed. Leave granted.

2. Res judicata, partition, ouster and adverse possession are the four principles interestingly arising in the present case.

SHORT FACTS

3. Parties are referred to as plaintiff and defendants. Appellant-Nagabhushanammal, since deceased and substituted by her legal heirs (daughter of deceased Kotilingaraja and Veerammal), filed a suit for partition, O.S. No. 2062 of 1988 before the City Civil Court, Madras. The suit property situated at No. 4, Govindarajulyu Naidu Street, Agaram, Madras-82 was purchased by the plaintiff’s mother Veerammal from her father-in-law and his two sons under a sale deed dated 16.09.1919 (Document No.1919, SRO, Sembium) from out of her own funds. Veerammal had three children, the plaintiff, the first defendant’s father named Chandrasekaran and one Neelagandammal. Veerammal, the original owner of the suit property died in 1922 leaving behind her, the plaintiff and her brother, late Chandrasekaran, the other daughter Neelagandammal having pre-deceased her mother Veerammal. After the death of Veerammal, the property vested equally on the plaintiff and Chandrasekaran, the defendant’s father. O








































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