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2000 Supreme(Mad) 999

K.SAMPATH
M. Kandiah Pillai (died) and six others – Appellant
Versus
S. Mehalingam and seven others – Respondent


Advocates:
Mr. V. Shanmugam, Advocate for Appellants. Mr. P. Peppin Fernando,
Advocate for Respondents.

Judgment :

1. The plaintiff in O.S. No. 269 of 1983 on the file of District Munsif Court, Tirunelveli filed the second appeal. Pending second appeal, he died and his legal representatives have come on record as appellants 2 to 7 and respondents 7 and 8. The suit was filed for declaration of the plaintiff’s title to the plaint second schedule property and for permanent injunction restraining the defendants, who are respondents 1 to 6 herein from interfering with his possession and enjoyment of the second schedule property. His case was as follows:

The schedule properties along with other properties originally belonged to his mother one Arunachalathammal. Arunachalathammal executed a Will on 111. 1966 in respect of the plaint schedule properties and other properties. As per the terms of the Will the plaintiff was entitled to the first schedule property excluding the second schedule. Some time later, Arunachalathammal felt that no provision had been made for a house to the plaintiff and also no provision had been made for common enjoyment of the properties to the plaintiff’s brothers Venkatachalam Pillai and Sankaran Pillai. She cancelled the Will dated 111. 1966 and executed another




























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