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2005 Supreme(Mad) 86

S.K.KRISHNAN
Munusamy Gounder and another – Appellant
Versus
Sadasivam – Respondent


Advocates:
M.S.Subramanian, for Appellants.
R.Krishnan, for A.Sivaji, for Respondent.

JUDGMENT: Aggrieved by the judgment and decree for the Additional Subordinate Court, Chengleput in A.S.No.11 of 1993, dated 14.10.1993, the defendants in O.S.No.6 of 1988 on the file of the District Munsif Court, Madurantakam, have filed this second appeal.

2. The case of the plaintiff-in-brief is as follows: (a) The suit properties originally belonged to one Govindasamy Gounder, who is the father-in-law of the plaintiff. He had been in possession and enjoyment of the same for over many years. All the revenue records were standing in the name of the said Govindasamy Gounder. (b) On various dates during the year 1960, the said Govindasamy Gounder purchased the items 3 to 7 referred to in the plaint schedule from the first defendant by way of oral purchase and he obtained items 1 and 2 from his mother Periyamukkal Muniammal. Thereafter, the said Govindasamy Gounder had executed a settlement deed in favour of his wife Ambujammal on 17.11.1961. The said Ambujammal enjoyed that property as an absolute owner and during the course of her enjoyment she mortgaged the property to one Ramaiah and one Devendran under the registered mortgage deeds dated 18.8.1975 and 5.6.1980 respectively. Later























































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