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1996 Supreme(Mad) 445

P.SATHASIVAM
Natesan – Appellant
Versus
Chinnachi Kandar and Others – Respondent


Appearing Advocates: For

Judgment :-

Plaintiff is the appellant. He filed O.S. No. 120 of 1978 on the file of Subordinate Judge, Karur, for declaration declaring that the Plaintiff and Defendants 2 and 5 are the owners of the suit properties, for recovery of possession of the same from the first defendant, for re.covery of Rs. 9,000/- as past mesne profits and for recovery of future profits.

2. The case of the plaintiff as found in the plaint is as follows:-

The plaintiff is the son of Karunchami Kandar, who died in the year 1974 leaving behind him the plaintiff and the Defendants 2 to 5 as his heirs. The second defendant is the mother of the plaintiff, while the Defendants 3 to 5 are brothers and sister of the plaintiff. The suit plaintiff originally belonged to one Thoppakkutti alias Nallachi Kandar, son of Nallachi Kandar. It was purchased by the plaintiff's father on 10-3-1930 for a sum of Rs. 1,000/- under Ex. A-1. The plaintiff's father was in possession of the property. Since the plaintiff's father had to leave for Ceylon, he leased out the property to Thoppakkutti alias Nallachi Kandar, viz., his vendor on an yearly rental of Rs. 170/-. The plaintiff's father had borrowed Rs. 300/- from Kangani Muthi












































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