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1998 Supreme(Mad) 1667

A.RAMAMURTHI
Kumarasamy Gounder – Appellant
Versus
Kumarathal Alias Gandhimathi – Respondent


Appearing Advocates:S. Kadarkarai, V. Nicholas, Advocates.

Judgment :-

The unsuccessful plaintiff is the appellant.

2. The case in brief is as follows :-

The plaintiff filed a suit for declaration and for permanent injunction. The suit properties were purchased by the plaintiff's father under a registered document dated 20-10-1948 and in oral partition between his father and his brother, the suit properties fell to the share of his father. The plaintiff's father was in possession and enjoyment of the same and on his demise, the plaintiff is in possession and enjoyment of the same without any paying (sic) the kist regularly. The 1st dependent was the kept mistress of the plaintiff's father and the 2nd defendant is the daughter of the 1st defendant. The 2nd defendant was living away with her husband and her marriage was also celebrated by giving appropriate jewels and dowry. She has no right in the property. At the instigation of the father of the 1st defendant, they attempted to disturb the possession of the plaintiff. Hence, the suit.

3. The 1st defendant filed a written statement, denying the averments in the plaint. The plaintiff's father along with his brother purchased the property under registered sale deed 20-10-1948. The allegation tha












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