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2006 Supreme(Mad) 2911

K.MOHAN RAM
Ramasamy Gounder – Appellant
Versus
Pavayee Ammal & Others – Respondent


Appearing Advocates:For the Petitioner:Arul Sandeep, Advocate. For the Respondents:R1, J.R. Prabhakaran for M/s. K. Srinivasan, R1, R3, R. Revathi, Govt. Advocate.

Judgment :-

PRAYER:- Second Appeal filed against the judgment and decree dated 29.1.1999 made in A.S.No.205 of 1996 on the file of the Subordinate Judge, Kallakurichi against the Judgment and decree dated 22.4.1994 made in O.S.No.529 of 1989 on the file of the District Munsif, Kallakurichi.

The plaintiff in O.S.No.529 of 1989 on the file of the District Munsif Court , Kallakurichi is the appellant in the above second appeal.

2. For the sake of convenience, the parties are referred to as per their ranking in the suit.

3. The case of the plaintiff is as follows:-

The suit property originally belonged to his sister-in-law Smt.Saraswathi Ammal by virtue of purchase under a registered sale deed dated 9.12.1965 from one Azhagapadayachi; the suit property was purchased in the name of Saraswathi Amal out of the funds of the joint family consisting of the plaintiff and his brothers Periyasamy and Govindasamy and as such though the suit property stood in the name of Saraswathi Ammal it was treated as joint family property and the same was orally partitioned in the year 1977 and allotted to the plaintiff’s share and since then he is in possession of the same and in recognition of his title and p


































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