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1971 Supreme(Mad) 652

RAGHAVAN
Damodara Naidu – Appellant
Versus
Thirupurasundari Ammal – Respondent


Advocates:
R.D. Indrasena and N. Rajendran, for Appellants; V. Vedantachari, for Respondents.

Judgement

JUDGMENT:- The defendants are the appellants. The suit is for declaration of the plaintiffs' title to and possession of Item 1, for declaration of the plaintiffs' right of way over Item 2 and for a mandatory injunction directing the removal of the obstruction on Item 2 preventing plaintiffs' access to the highway. The plaintiffs' case is that their father Chokkalinga Chetti became entitled to the suit first item under an usufructuary mortgage deed dated 21-6-1935, that he died in 1940 when the plaintiff's were minors, that one Sri P. Raghavan, advocate, was appointed by the District Court as the guardian for them, that the said guardian leased out the suit first item to Venkatarama Naidu, the elder brother of the defendants, under a lease deed dated 1-8-1947, that the lessee was in possession of Item 1 till his death and thereafter his widow continued to be in possession as a tenant, that the plaintiffs after attaining majority filed O.S.14 of 1960 on the file of the District Munsif Court, Trivellore, for recovery of possession of item 1, that the suit was dismissed by the trial court, but on appeal the plaintiff's succeeded, that when the plaintiffs

attempted to take deli













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