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2002 Supreme(Mad) 841

M.KARPAGAVINAYAGAM
P. Subramania Chettiar – Appellant
Versus
Tmt. Amirtham and Others – Respondent


Advocates Appeared: For the Appellant:K. Kannan, Advocate. For the Respondents:V. Natarajan, Advocate.

Judgment :-

Subramania Chettiar, the defendant is the appellant herein.

2. Tmt. Amirtham and her minor children, the respondents herein filed the suit for declaration and permanent injunction against the appellant. The trial Court decreed the suit. Aggrieved by the same, the appellant filed the appeal before the lower appellate Court, which in turn dismissed the appeal, while confirming the judgment and decree passed by the trial Court. Hence, the second appeal by the defendant/appellant.

3. The case of the plaintiffs is as follows:

"The suit house originally belonged to one Palaniandi Chettiar. He died leaving behind two sons Gopal and Nagappan. In the oral partition between the said Gopal and Nagappan, the suit house was allotted to Nagappan. The first plaintiff is the wife of the said Nagappan and other plaintiffs are their children. Nagappan died in 1976. The plaintiffs continued to be in possession and enjoyment of the suit house from then onwards for more than 25 years. So, by inheritance and by virtue of possessory title, they have become entitled to the suit house. While so, Subramania Chettiar, the defendant claims that he purchased the suit property from Palaniandi Chettiar







































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