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1998 Supreme(Mad) 88

P.SATHASIVAM
Valliammal and Others – Appellant
Versus
Palaniammal (deceased) and Another – Respondent


Advocates:
T.R.Mani, Senior Counsel, for C.K.Logadoss, for Appellants. S. V.Jayaraman, Senior Counsel, for K. Thiagarajan, for Respondents.

Judgment :

Since the issues involved in both the appeals are one and the same, the appeals may be disposed of by the following common judgment.

2. Defendants in O.S.No.531 of 1980 on the file of Subordinate Judge, Madurai are the appellants in A.S.No.258 of 1084. Plaintiff in O.S.No.489 of 1980 on the file of the same court is the appellant in Transfer Appeal No.837 of 1991.

3. The case of the plaintiff in O.S.No.489 of 1980 is briefly stated hereunder: According to the plaintiff, the suit properties originally belonged to one Koothan Servai, grand-father of the plaintiff, husband of the first defendant and father of the second defendant. The said Koothan Servai had only two daughters, namely, 2nd defen-dant-Koothayi Ammal and one Vellai Ammal. Koothan Servai had no male issues. He had given Koothan Ammal and Vallai Ammal in marriage long ago and had given them sufficient cash and customary presents and married them well. Even during Koothan Servai’s life time, the relationship between the family of the 2nd defendant, namely, her husband (3rd defendant), second defendant’s daughters, defendants 4 and 5 and 2nd defendant’s son 8th defendant was strained. Koothan Servai decided to se



















































































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