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2018 Supreme(SC) 372

R.K.AGRAWAL, A.M.SAPRE
Mangamal @ Thulasi – Appellant
Versus
T. B. Raju – Respondent


Advocates:
Advocate Appeared:
For the Appellants : V. Prabhakar, Mrs. Revathy Raghavan, Ms. Jyoti Prasher, N.J. Ramchandar
For the Respondents: Puneeth K.G., Ms. Astha Sharma, Mohit Paul, Anugrah Niraj Ekka

JUDGMENT :

R.K. Agrawal, J.

This appeal is preferred against the impugned judgment and order dated 18.09.2006 passed by the High Court of Judicature at Madras in S.A. No. 780 of 2006 whereby learned single Judge of the High Court dismissed the appeal filed by the appellants herein at the admission stage.

2. Brief facts:-

(a) The case of the appellants, in a nutshell, is that the appellants herein are the daughters of Late Shri T.G. Basuvan (died on 29.12.1979) and Late Smt. Sundari (died on 22.07.1989) whereas Respondent No. 1 is the brother of the appellants herein. Late T.G. Basuvan left three properties consisting of agriculture land (Item Nos. 1 & 2) and dwelling house (Item No. 3)

(b) Later on, due to the irresponsible behaviour of Respondent No. 1, suit properties at Item Nos. 1 and 2 were leased out to Respondent Nos. 2 to 4 herein during the lifetime of the mother of the appellants herein.

(c) During the lease period, the mother of the appellants died. On the expiry of said lease deed, the appellants herein through legal notice approached the Respondent Nos. 2 to 4 to deliver the vacant possession of Item Nos.1 and 2. In reply, it has been stated that the lands were sold to them










































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