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1976 Supreme(Mad) 53

VARADARAJAN
Madiammal – Appellant
Versus
Glory Chandrakantha – Respondent


Judgement

JUDGMENT :- The plaintiff, who succeeded in the trial Court but lost in the lower appellate Court, is the appellant. She filed the suit for declaration of her title to the suit property which is one acre of land with a terraced building in S. No. 153/6 of Jegathala Village in Coonoor Taluk for a permanent injunction restraining the respondent from interfering with her possession of the property. Her case that the suit property was purchased for Rs. 8,000/- under Exhibit B-5, dated 8-12-1944 by her brother Mutha Gowder (P. W. 1) and one Boja Gowder, the father of Sevanan (D. W. 1), who were partners of 'Mutha Gowder and Company'. There was a partition subsequent to the death of Boja Gowder in the beginning of 1957 after dissolution of the partnership had taken place prior to 1957 between P. W. 1 and D. W. 1 on 1-12-1957. According the appellant, Exhibit A-1 dated 1-12-1957, which is unregistered is a partition list signed by P. W. 1 and D. W. 1 as well as the panchayatdars at whose instance the assets of the partnership were divided. Subsequently Mutha Gowder (P. W. 1) gifted the suit property to the appellant under Ex. A-4 dated 15-12-1965 and she was in possession and enj

















































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