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1977 Supreme(Mad) 384

N.S.RAMASWAMI
Chellammal – Appellant
Versus
Valliammal – Respondent


Advocates:
T.R. Ramachandran and T.R. Rajagopalan, for Appellant; S. Nainarsundaram, V. Natarajan and V. Nicholas, for Respondents.

Judgement

JUDGMENT :- The defendants are the appellants. The appeal arises out of a suit for declaration of title in respect of the suit properties, for permanent injunction in respect of one item and for recovery of possession and other reliefs in respect of another.

2. The plaintiff and the first defendant are the widows of one Kandaswami Gounder who died on 18-9-1942. He had no issue. He left considerable immoveable properties in the shape of agricultural lands. The case of the plaintiff has been that even in the year 1943 there had been a final partition of the properties by metes and bounds between the two widows by mutual consent, that in the said partition the suit properties fell to her (plaintiff' s) share, that in respect of one of the suit properties (item 2 of first schedule) the second defendant who is no other than Kandaswami Gounder' s brother' s son became a tenant under the plaintiff and that as the second defendant failed to pay the rent and began disputing her title along with the first defendant, the suit was necessitated. It is under Ex. A-1 dated 12-2-1964, the second defendant became a lessee of one of the suit properties under the plaintiff, but within five mo





















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