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2007 Supreme(Kar) 263

N.KUMAR
THILLAMMAL – Appellant
Versus
THANDAVAMURTHY – Respondent


Advocates appearing for
Appellants: Sri V. Takaram, Senior Counsel for M/s Tarakaram Associates Advs. .
Respondents:Sri N. Vasudevan, Sri Krishna Kumar, Advocate for Sri S.Y. Ragavachar, Advs.

JUDGMENT

Kumar, J.

This appeal is by the plaintiffs whose suit for declaration of title and other consequential reliefs is dismissed by the trial Court after trial. For the purpose of convenience the parties are referred to as they are referred to in the trial court.

2. The plaintiffs claim that, they are the owners of the property bearing No. 51, 51A to K(old), New No.131 situated at Veerapillay Street, Civil Station, Bangalore, which is hereinafter referred to as the “schedule properties” . They claim title to the said properties having inherited the same from Sri Gangadhara Mudaliar, who is the husband of the first plaintiff and father of the plaintiffs 2 and 3. The said Sri Gangadhara Mudaliar died on 15.5.1970. In the plaint they have set out the geneological tree. The said Gangadhara Mudaliar is the last male member of the family. He would be the Bandhu of Sri. Periaswamy.

3. The specific case pleaded by the plaintiffs’ is that the schedule property belongs to Sri Periaswamy. He died in 1894. Smt. Unnamalaiammal, the daughter of Periaswamy had a life interest in the schedule property. She died on 30.7.1964 at Bangalore. On her death, as she was a limited owner, the title to t























































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