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1971 Supreme(Mad) 576

ISMAIL
Arunachala Gounder – Appellant
Versus
S. Alagappa Chettiar – Respondent


Advocates:
C. Chinnaswami, for Appellant; S. Thyagaraja Iyer, for Respondents.

Judgement

JUDGMENT:- The plaintiff in O.S. No.88 of 1964 on the file of the Court of the District Munsif of Tirupur, who failed before the trial Court, as well as the first appellate Court, is the appellant before this Court. It is necessary to refer to a few facts for the purpose of understanding the controversy between the parties. The property belonged to a firm by name P.L.V.R. Subramania Chettiar firm. After the death of Subramania Chettiar, his widow Chinnammal Achi, the third defendant in the suit, along with her sons, defendants 1 and 2, started dealing with the properties belonging to the firm, while the other surviving partner Valliappa Chettiar in his turn started dealing with certain properties. The suit properties were sold by the first defendant and the second defendant represented by his mother the third defendant for a sum of Rs.1500 on 26-8-1947 under Ex.A-1 in favour of the appellant herein and he was put in possession of the suit properties. Subsequently, the other surviving partner, namely, Valliappa Chettiar, sold the identical properties to another party. On the basis of that sale deed executed by Valliappa Chettiar, the vendee instituted a suit against the app















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