M.THANIKACHALAM
Raju & Another – Appellant
Versus
Muthuammal & Others – Respondent
In a suit for declaration and possession, in respect of the suit property, though the plaintiff succeeded before the trial Court with the support of the 7th defendant, failed in his attempt before the first appellate Court, when the same was questioned by the contesting defendants and the result is, this second appeal by the plaintiff.
2. The first appellant/plaintiff claiming title to the suit property viz., a house bearing Door No.174/W6 Natham Survey No.77/B/15A, alleging that this property originally belonged to one Ganapathy Ammal, which was succeeded by her only daughter as per law then prevailed, that on her death the property devolved upon her sons and daughters, that he obtained a release deed from other heirs of Pillaiyar Ammal, daughter of Ganapathy Ammal and therefore, he is entitled to the suit property as an absolute owner. Thus, tracing title, not only under a release deed dated 5.9.84, as well as tracing the previous title through his grand mother, the first appellant filed the suit for declaration against defendants 4, 6, 9 and 10 as well as for mesne profits, past and future.
3. The contesting defendants/respondents have filed a detailed written statemen
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