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2003 Supreme(Mad) 657

A.KULASEKARAN
T. Subramania Nadar – Appellant
Versus
T. Varadharajan – Respondent


Advocates Appeared:For the Petitioner:Mr. C. Selvaraju, Advocate. For the Respondent:Mr. A.K. Kumarasamy, Advocate.

Judgment :-

The Plaintiff is the appellant, who has filed the suit O.S. No. 229 of 1987 before the Principal District Munsif Court, Gobichettipalayam for the relief of Declaration and for permanent injunction. The suit was decreed as prayed for. On appeal by the respondents before the Sub-court, Gobichettipalayam, the Decree and Judgment passed by the trial court was set aside, hence this second appeal.

2. The case of the appellant is as follows:-

The appellant and the respondents are sons of Thavasi Nadar. The said Thavasi Nadar had three wife. The appellant was born through the second wife and the respondents are the sons born through the third wife. The appellant's grand father namely Veerappa Nadar had executed a settlement deed dated 26-03-1949 thereby settled the property to the Plaintiff and appointed Thavasi Nadar as guardian. The said Thavasi Nadar discharged himself from the guardianship in the year 1968 as the appellant had attained majority. Ever since 1968, the appellant is in exclusive possession and enjoyment of the suit property by paying taxes and charges to the authorities. The respondents were born only after 1968. After 1968, partitions were took place between the







































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