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2002 Supreme(Mad) 1564

C.NAGAPPAN
K. Krishnan and Another – Appellant
Versus
S. Mari Naicker and Another – Respondent


Advocates Appeared: For the Appellants:Mr.P.Sukumar, Advocate. For the Respondents:Mr.V.Nicholas, Advocate for R-1.

Judgment :-

This second appeal is preferred against the judgment and decree, dated 13.11.1989, rendered in A.S.No.15 of 1989 on the file of District Judge, Chengalpattu. The plaintiffs are the appellants in the second appeal.

2. The case of the plaintiffs is that they are brothers undivided in status. The schedule mentioned properties have been purchased by their parents Kanniappa Naicker and Alamelu Ammal under three registered sale deeds, dated 4.11.1931, 29.11.1938 and 17.3.1939, from the first defendant's father Vedagiri Naicker for valuable consideration and they took possession of the properties and enjoyed the same. Kanniappa Naicker died in the year 1966 and Alamelu Ammal was managing the suit properties by paying kist through her brother's son, namely, the first defendant herein. Since the plaintiffs and their mother Alamelu Ammal were residing at Madras, the first defendant was requested to take care of the schedule mentioned properties and he was cultivating the lands on behalf of the plaintiffs and their parents. The second defendant is the sister of the plaintiffs. Alamelu Ammal executed a Registered Will, dated 12.4.1977, bequeathing the properties in favour of the pla












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