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2004 Supreme(Mad) 252

S.SARDAR ZACKRIA HUSSAIN
Santha Bai – Appellant
Versus
Ponnamma & Another – Respondent


Advocates Appeared:For The Petitioner:R.Santhanam, Advocate. For The Respondents:K.V.Subramanian, Advocate.

Judgment :-

The appellant is the defendant who lost the case before the first appellate Court. The respondents/plaintiffs, who are mother and daughter filed the suit O.S.No.205 of 1982 to set aside the gift deed dated 5.3.1982 executed by S.Subramania Konar, who is the husband of the first plaintiff and father of the second plaintiff in favour of the defendant, the appellant herein and as per which he conveyed the suit property to the defendant.

2. The parties are described as per their rankings in the suit.

3. The suit property originally belonged to Subramania Konar, son of Subramania Konar of Medayum Veedu, Thoppavilakom, Attoor village, who is the husband of the first plaintiff and the father of the second plaintiff. He was living in the house with his first wife the first plaintiff and the second plaintiff was living with her husband Sivathanu in Trivandrum, where he was employed. The defendant who belongs to scheduled caste is a native of Eraniel village and she settled in Venniyaravayalkarai near the suit property. She got mortgage of the suit property from Subramania Konar in 1959, which was assigned to one Yesudasan from whom the plaintiff got an assignment and came into pos























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