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2002 Supreme(Mad) 1096

K.SAMPATH
Balu & Others – Appellant
Versus
Guruvammal & Others – Respondent


Advocates Appeared: For the Appellant:C. Harikrishnan, Senior Counsel for M. Kamalanathan, Advocate. For the Respondents:M.V. Venkataseshan, Advocate.

Judgment :-

Defendants 2 to 10 in O.S.No.153/84 on the file of the District Munsif of Paramakudi, are the appellants in the second appeal. The respondents herein filed the suit for declaration and permanent injunction in respect of the suit properties, which are two in number.

2. The necessary facts leading to the second appeal are as under:

There was one Periya Karuppa Konar. He had a son Sivanu Konar, who died about 50 years prior to the suit. His wife Sathayee Ammal pre-deceased him. Sivanu Konar and Sathayee Ammal had one son Thavasi Konar and four daughters, Karuppayee, Ramayee, Kuriyayee and Meenal. Thavasi Konar died about 20 years prior to the suit. His wife Nagammal pre-deceased him. They had three daughters, Chellammal, Guruvammal and Rajammal. Chellammal pre-deceased her father. Guruvammal, Rajammal and Chellammal's son Kesavan are the plaintiffs in the suit. Karuppayee and Ramayee, two of the daughters of Sivanu Konar and Sathayee Amma; died issueless. Their third daughter Kuriyayee's son was Vellaichami Konar, the first defendant in the suit, who died pending suit and his children are defendants 5 to 10, while Sivana Konar and Sathayee Ammal's last daughter Meenal's chil























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