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2002 Supreme(Mad) 872

M.KARPAGAVINAYAGAM
Balammal and Others – Appellant
Versus
Velayutham (deceased) and Others – Respondent


Advocates Appeared: For the Appellants:V. Raghavachari, Advocate. For the Respondents:Mr. R. Gururaj , Advocate.

Judgment :-

The plaintiffs are the appellants herein. They filed a the suit for declaration that the suit properties are their absolute properties and they are entitled to get possession after the life time of Kannammal, the first defendant. The trial Court decreed the suit. However, the appeal filed by Velayudham, the second defendant, challenging the said decree, was allowed and the suit filed by the plaintiffs was dismissed. Hence, this second appeal by the plaintiffs.

2. The case of the plaintiffs is as follows:

"The suit properties belonged to one Kalivarada Pillai.

He had no issues. He bequeathed the said properties by a registered Will dated 13.5.1938 in favour of Thangavelu Pillai, the husband of the first plaintiff, by giving absolute right to him and bequeathed usufructs by giving the life estate to Kannammal, the first defendant and her husband Natesa Pillai. After the death of Kalivarada Pillai, the first defendant and her husband were in enjoyment of the usufructs from the suit properties. Natesa Pillai died in 1940. Thereafter, the first defendant alone enjoyed the suit properties as the life estate holder. Thangavelu Pillai, the husband of the first plaintiff died on 1








































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