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1999 Supreme(Mad) 1030

K.P.SIVASUBRAMANIAM
Anjalai and others – Appellant
Versus
Arumuga Chettiar and another – Respondent


Appearing Advocates:Mr.M.N.Muthukumaran for M.N.Padmanabhan, Advocate for Appellants. Mr.G.Rajagopalan for Respondent, No.1. No appearance for 2nd Respondent.

Judgment :-

1. The appeal is directed against the judgment of the learned Subordinate Judge, Cuddalore in A.S. No. 136 of 1985 in confirmimg that of the learned District Munsif, Panruti in O.S. No.351 of 1982. The plaintiffs in the suit are the appellants in the above second appeal.

2. The plaintiff has filed the suit for declaration of the plaintiffs title to the suit property, restraining the 2nd defendant from interfering with the plaintiffs' enjoyment of the suit property. According to the plaintiffs, the suit property and three other items originally belonged to one Peria Pillai Ammal and after her death, about 45 years back, her daughter, Jagadambal Ammal, inherited them and enjoyed them in her own right absolutely. The said Peria Pillai Ammal while she was alive, and at the time of her death expressed a wish that the properties, after the lifetime of Jagadambal, should go to her son's family to be enjoyed by the heirs of her son absolutely." Therefore, in keeping with the wish of Perial Pillai Ammal, her daughter, Jagadambal Ammal, executed a registered settlement deed in favour of her brother's wife.Kullammal, as guardian of her minor Children, the plaintiff and his decease











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