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1965 Supreme(Mad) 287

P.S.KAILASAM
Shanmugha Nadar – Appellant
Versus
Sivan Pillai – Respondent


Advocates:
S. Padmanabhan and N. D. Jose, for Appellant; T. R. Ramchandran and T. Srinivasan, for Respondents.

JUDGMENT :- These three appeals are connected and may be dealt with together. Four suits O.S. 666 of 1123 (M.E.), O.S. 375 of 1950 O.S. 297 of 1124 (M.E.) and O.S. 703 of 1950 on the file of the Principal District Munsif, Kuzhithurai, relate to portions of S. No. 63-A measuring 2 ac. 94 cents in Arudesam Pakuthi. The trial court after taking evidence disposed of all the four suits together.

All the suits were taken on appeal to the District Court of Nagarcoil and the District Court decreed O.S. 665 of 1124 and remanded the other three suits for retrial of the disputes of the parties in one consolidated suit and directed the plaintiff in O.S. 297 of 1124 to implead all persons who claim title and possession under the various mortgages and court sales in O.S. 904 of 1127 and 320 of 1105. It directed the plaintiff in O.S. 297 of 1124 to amend the plaint and convert the suit into one of title and for partition of his share in the property. It also directed that the rights of the plaintiff in the other three suits should be decided in O.S. 297 of 1124. Accordingly the plaint in O.S. 297 of 1124 was amended as one for declaration of title, partition and redemption of marayapattom.

2. As th

















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