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1979 Supreme(Mad) 57

V.SETHURAMAN
Kandaswamy Gounder – Appellant
Versus
Kandasamy Gounder S/o. Subbiah Gounder – Respondent


Advocates:
S. Ramalingam and N. Thyagarajan, for Appellant.
V.C. Palaniswamy and S.C. Palaniswamy, for Respondent.

JUDGMENT.— This appeal has been filed by the plaintiff in O.S. No. 841 of 1973 in the Court of the District Munsif of Pollachi. The suit is for an injunction restraining the defendant from interfering with the possession of the suit property. The plaintiff claimed to be a cultivating tenant covered by the provisions of the Tamil Nadu Act XXV of 1955. This suit came to be filed under the following circumstances. There was one Nanjappa Goundar, who had a daughter by name Chinnammal and a grand-daughter by name Kandammal. Nanjappa executed a will on 15th May, 1924, by which he gave a life-interest in the suit property in favour of his daughter Chinnammal and the absolute remainder in favour of his grand-daughter He died in the year 1941. On 27th October, 1948, Chinnammal and Kandammal granted a lease in favour of the plaintiff. Kandammal died in the year 1952, even before the absolute estate in her favour could take effect. After the death of Kandammal, Chinnammal, the life estate holder executed a sale deed on 31st October, 1953, conveying the suit property in favour of the plaintiff claiming that she was entitled to the entire property. Chinnammal died on 9th December, 1969. After h



























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