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1999 Supreme(Mad) 467

S.S.SUBRAMANI
Thirumalai Vadivu Ammal (died) and 4 others – Appellant
Versus
Muthammal and another – Respondent


Mr. Peppin Fernando, Advocate for Appellants. Mr. T.R.Mani, Senior Counsel for Mr. T.M. Hariharan, Advocates for Respondents.

Judgment :

1. Plaintiff in O.S. No. 447 of 1979 on the file of II Additional Sub Judge, Tirunelveli is the appellant in this appeal. Subsequent to the filing of appeal, she died and appellants 2 to 4 have been brought on record as legal heirs of deceased appellant.

2. Suit filed by plaintiff was to set aside the settlement deed dated 21. 1975 and consequently to restrain the defendants from interfering with the possession of plaintiff. The material averments in the plaint could be summarised thus: The property originally belonged to one Veerabagu Pillai, husband of plaintiff. He died on 111. 1973. The couple had no issues. It was the case of plaintiff that plaint property was leased out to one Arumugham (PW4) and due to her old age, she was not in a position to adm inister and manage the property. It is her further case that she has no good vision and also illiterate. Except she knows how to sign, she has no education. It is said that lessee Arumugham committed default in paying rent and therefore to initiate steps to protect her and the property, she wanted a power of attorney to be executed. First defendant is none other than her brother’s daughter and second defendant is her h






































































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