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1971 Supreme(Mad) 461

RAGHAVAN
Sellayya Pillai – Appellant
Versus
Devaraya Pillai – Respondent


Advocates:
R.A. Srinivasan and M.A. Srinivasan, for Appellant; M. Srinivasan, for Respondent.

Judgement

ORDER:- This is an application to review the judgment and decree passed by Alagiriswami, J. in S.A. No.1048 of 1966. Before I deal with the application, I shall set out the facts giving rise to the above second appeal.

2. The suit is for possession. The plaintiff's case is that the suit property originally belonged to one Kamakshi Ammal, widow of one Thangaraju alias Sappani Pillai, that she was the divided brother's widow, that due to affection towards the plaintiff she executed a settlement deed on 22-1-1948 settling the properties mentioned therein, including the suit items, in favour of the plaintiff, that under the settlement deed the plaintiff got right in all the properties including the suit items, that the right to possession in favour of the plaintiff was, however, postponed till after the lifetime of the settlor, that the settlor Kamakshi Annual died on 17-3-1963, and that the plaintiff became entitled to take possession of the suit properties and enjoy the same absolutely. The further case of the plaintiff is that the defendant fraudulently prevailed upon the said Kamakshi Ammal to execute a sale deed in respect of the suit property in his favour on 23-9-1960, t























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