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1976 Supreme(Mad) 147

M.M.ISMAIL
Mayava Koundar and others – Appellant
Versus
Subbaraya Koundar and others – Respondent


Advocates:
P. Sivaramakrishnaiah and M.N, Sundararajan, for Appellants.
K. Raman, for Respondents.

JUDGMENT.- Defendants 1, 3 and 4 in O.S. No. 135 of 1968 on the file of the Court of the District Munsif of Villupuram who succeeded before the trial Court but lost before the first appellate Court are the appellants herein. They are the legal representatives of one Duraisami Kounder while the plaintiffs are the legal representatives of Rangasami Kounder. Rangasami Kounder and Duraisami Kounder were brothers, Duraisami Kounder being the elder. They had a sister by name Sowbagiammal. The suit property was purchased in her name under Ex. B-5 dated 27th September, 1937. It has been found and it is not disputed that Sowbagiammal died on 30th July, 1946 leaving no issue, having become a widow at a young age. Equally, there is no controversy that on the death of Sowbagiammal leaving no issue, the two brothers Rangasamy Kounder and Duraisami Kounder would be her heirs entitled to get the property in equal moieties. When the plaintiffs instituted the suit for partition and separate possession of their half share in the suit property, various defences were raised by the appellants herein which included the defence that they had acquired title to the entire property by adverse possession and














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