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1984 Supreme(Mad) 212

V.RATNAM
R. Gopala Pathar – Appellant
Versus
N. Jayalakshmi Ammal – Respondent


Advocates:
G. Krishnan, for Appellant, K. V. Subramanian, for Respondents, G. Subramanian as Amicus Curiae.

Judgement

JUDGMENT. :- The first defendant in O. S. No.42 of 1973, Sub-court, Kumbakonam, is the appellant in this Second Appeal, which arises out of a suit for a declaration of title to the property and for a declaration with reference to certain amounts lying in court deposit instituted by one Natarajan Iyer, who figured as the plaintiff originally and whose legal representatives are respondents 1 to 7 in this second appeal. The 8th respondent herein, who figured as the second defendant in the suit, claims to be a tenant in occupation of the disputed property. The property in dispute measures 10 east to west and 125 north to south in Big Street, Kumbakonam town. Originally, this property as well as a similar extent measuring in all 10' east to west and 259 north to south belonged to one Visalakshi Ammal One Kuthaperumal Vaidyar was a flourishing native doctor in Kumbakonam and he died in or about 1926. Through his first wife, he had a son Govin daswamy Srinivasa was another son of Kuthaperumal through his second wife Lokambal. On 29-8-1927, Govindaswamy married to Kasambu (P.W.2) and it is not now in dispute that Govindaswami and Kasambu lived as husband and wife for a period of a
























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