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1981 Supreme(Mad) 107

SETHURAMAN
Abdul Jabbar – Appellant
Versus
Abdul Muthaliff – Respondent


Advocates:
N. R. Chandran, for Appellant.

Judgement

JUDGEMENT :- This second appeal has been filed by the first defendant in O.S. No.64 of 1972 in the Court of the Subordinate Judge of Pudukottai. The plaintiff filed the above suit for a declaration that he is the absolute owner of a rice mill known as 'Muthalif Rice Mill' and for a permanent injunction restraining the defendants from interfering with his possession and enjoyment. There are three defendants, who are the brothers of the plaintiff. According to the plaintiff, his father, who had some lands and a house sold them and settled down in a village called Kulamangalam in or about 1941. He was not able to make both ends meet and the plaintiff left for Kualalampur in or about 1952. The case of the plaintiff was that between 1962 and 1966 he had sent about Rs. 24,000 and between 1966 and 1971 further amounts totalling Rs. 24000 and that the remittances were subject to the understanding that the moneys belonged to the plaintiff and that they had to be used for his benefit. It was stated by the plaintiff that with the help of such funds the site over which the suit rice mill stands was purchased and the building for the rice mill was also constructed and the rice mill was





































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