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2001 Supreme(Mad) 400

K.SAMPATH
Vasudeva Pillai and another – Appellant
Versus
Kuppuswami Pillai and others – Respondent


Advocates:
Bibi John, for K.S.Gurumoorthy, for Appellants.
T.V.Sivakumar, for Maninarayanan, for Respondents.

JUDGMENT: The parties will be referred to as per their ranks in the suit.

2. Defendants 4 and 5 in O.S.No.934 of 1979 on the file of the learned Principal District Munsif, Tindivanam, are the appellants in the second appeal. The suit was filed by the first respondent herein for declaration of his title to 8 items of properties and for permanent injunction restraining the defendants from interfering with his possession of the suit properties.

3. The first defendant, who died pending suit, was his father. The second defendant is his mother. The third defendant is his brother. The fourth and the fifth defendants, who are the appellants herein, are brothers being sons of one Govindaraja Pillai. Defendants 6 and 7 are third parties. Defendants 8 and 9 are sisters having come on record on the death of the first defendant. Defendants 2, 3 and 6 to 9 are respondents 2 to 7 in the second appeal.

4. The case of the first respondent was as follows:

The suit properties and other properties belonged to the erstwhile joint family consisting of the plaintiff, his father deceased first defendant, and his brother the third defendant. There was a family arrangement entered into on 25.7.1972 and a regist

















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