M.THANIKACHALAM
N. S. Spance – Appellant
Versus
D. S. Kanagarajan & Another – Respondent
The plaintiff, unable to get a decree for declaration of his title to the suit property and for a permanent injunction, concurrently, before the Courts below, has preferred this Second Appeal.
2. The suit property originally belonged to one D.K.Srinivasa Chettiar, the father of the first defendant ancestrally. It seems, he had sold the suit property to the plaintiff's paternal uncle by name, N.A.Perianna Chettiar on 22.5.1960, for the valuable consideration stated therein. Perianna Chettiar and his brother, Subramania Chettiar's sons have partitioned their family properties in the year 1958 under a family arrangement. Thereafter, alone Perianna Chettiar had purchased the suit property, in which others have no interest. Since Perianna Chettiar had no male issues and the plaintiff was looking after the affairs of the family and helping Perianna Chettiar, Perianna Chettiar gave the suit property to the plaintiff, in or about the year 1970 and from the said date onwards, the plaintiff continued to be in possession of the suit property. The right vested in favour of the plaintiff by Perianna Chettiar was confirmed in the arrangment dated 30-10-1972. In pursuance of the above,
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