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1997 Supreme(Mad) 403

S.S.SUBRAMANI
S. Krishna Gounder (Died) and others – Appellant
Versus
Janakiammal (Died) and others – Respondent


Advocates:
T.R. Rajagopalan, Senior Counsel, for A.Sivaji, for Appellants. S.Navaneethakrishnan, for Respondent Nos.1 to 3. Prabha Sridevan, for Respondent No.4.

Judgment :

Plaintiff in O.S. No.2009 of 1981, on the file of Principal District Munsif’s Court, Coimbatore, is the appellant. Suit filed by him was one for declaration that he is the real owner of the suit properties, and for the grant of a consequential permanent injunction restraining the defendants 1 to 4 from interfering with plaintiffs title to and possession of the suit properties in any manner whatsoever.

2. Material averments in the plaint may be summarised as follows:

Plaintiff and first defendant are brother and sister. Defendants 2 and 3 are the sons of 1 st defendant. It is averred that plaintiff lost his wife as early as in the year 1942. Plaintiff has got sever children of whom two are sons and five are daughters. All of them are married and are well-settled in life. It is said that his sister has married one Krishna Gounder. First defendant is the second wife of Krishna Gounder. In his first marriage, he has a son by name Palaniappa. It is said that from the year 1938 itself, first defendant and her children were under the care and protection of plaintiff, and plaintiff and 1st defendant had mutual trust and confidence in each other. It is averred that plaintiff’s fa








































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