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1987 Supreme(Mad) 131

SENGOTTUVELAN
Nagarajan – Appellant
Versus
Annammal – Respondent


JUDGMENT

Sengottuvelan, J.

1. This second appeal is filed by defendants 4 to 7 in O.S. No. 1140 of 1968 on the file of the District Munsif of Thirupattur, challenging the legality and correctness of the judgment of the Subordinate Judge of Thiruvannamalai in A.S. No. 84 of 1975.

2. The facts of the case are briefly as follows: One Rajammal, the mother of Annammal the respondent herein filed the suit, O.S. No. 1140 of 1968 on the file of the District Munsif of Thiruppattur for declaration of her title to the suit properties and for a permanent injunction restraining the appellants from interfering with her possession of the suit properties. According to the plaint averments, Rajammal got the properties from her husband Kuppa Gounder by means of two sale deeds marked as Ex.A4 in respect of items 1 to 4 dated 12.8.1933 and Ex.A5 in respect of items 5 and 6 of the plaint schedule dt.30.6.34 such, that she had been in absolute possession and enjoyments that of the same and the defendants have no manner of right to interfere with her possession of the suit properties. Pending suit, Rajammal died leaving a will Ex.A19 dated 21.4.1971 bequeathing the properties in favour of her daughter Annam














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