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1998 Supreme(Mad) 179

K.SAMPATH
Govindammal and Others – Appellant
Versus
Ammasi Rounder – Respondent


Advocates:
D.Rajagopal, for Appellants. T.Kandasamy, for Respondent.

Judgment :

Plaintiffs 1, 3 to 6, 8 to 12 and the legal representatives of the plaintiff No.7 are the appellants. They filed suit O.S.No.148 of 1977 before the District Munsif’s Court, Kallakurichi against the respondent herein for declaration, recovery of possession and mesne profits alleging as follows: The suit property originally belonged to one Ramu Reddiar son of Muthu Reddiar. He gifted the property to his daughter Pachaiammal on 2. 1951 under Ex.A-1. The gift was accepted by Pachaiammal and she was in enjoyment. Under Exs.A-1 to A-4 Pachaiammal gave the suit properties to the plaintiffs. From the date of the settlement deeds Exs.A-2 to A-4 the plaintiffs had been in possession and enjoyment of the suit properties. Except plaintiffs 1 to 4, nobody else had any right over the suit properties. The respondent unlawfully trespassed into the suit property. The suit was therefore necessitated for the reliefs already mentioned. The second plaintiff died pending suit. The third plaintiff and plaintiffs 5 to 12 were impleaded as heirs to the deceased second plaintiff.

2. The respondent resisted the suit contending inter alia as follows: It was not true to say that the settlement deeds

















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