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1985 Supreme(Mad) 173

MOHAN, NAINAR SUNDARAM
V. Muthiah Pillai (Died) and Others – Appellant
Versus
Vedambal and Others – Respondent


Advocates Appeared:M. Srinivasan, M.R. Narayanaswami, Advocates.

Judgment :-

MOHAN

The plaintiffs are the appellants.

2. The appeal arises out of O.S.18 of 1974 on the file of the Sub-Court, Madurai. The said suit is for declaration, recovery of possession and mesne profits.

3. The averments in the plaint are shortly as under - (i) The suit property bearing door No. 41, Sokkappa Naicken St. Madurai was originally purchased by one Subbanna Iyer by a registered sale deed dated 5-6-1924. He died in the year 1927, leaving behind his widow Lakshmi Ammal and his only daughter Vengalakshmi. By a registered adoption deed Ex. A6 dated 16-7-1936, the third defendant was adopted by Sethurama Iyer the husband of Vengalakshmi and Vengalakshmi as their son. On the death of Lakshmi Ammal in 1939 Vengalakshmi, the daughter, succeeded to the property and was enjoying the same, as woman's estate. Vengalakshmi died in 1945. On her death, her adopted son the third defendant succeeded to the property.

(ii) By a registered sale deed Ex.A1 dated 22-6-1972, the plaintiffs purchased the property for a valuable consideration of Rs. 32,000.

(iii) Pursuant to the sale, the third defendant wrote a registered letter on 11-7-1972, calling upon defendants 1 and 2 to attorn their te



































































































































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