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1993 Supreme(Mad) 167

BELLIE
Ramakrishna Naidu – Appellant
Versus
Shanmugasundaram and others – Respondent


Advocates:
S.V.Jayaraman, for Appellant. M. Venkatachalapathy, for Respondents.

Judgment :

This second appeal is by the first defendant. The suit for declaration and injunction was dismissed by the trial court, but the appellate court decreed it.

2 The two plaintiffs filed the suit alleging as follows:

The suit properties belonged to the joint family of the fifth defendant and his sons-the plaintiffs, and they (plaintiffs) are now in possession of it. When the first plaintiff on 29. 1981 went to plough the suit property the first defendant and his three-brothers-defendants 2 to 4 obstructed. It appears the fifth defendant had executed a gift deed on 4. 1972 in respect of this property in favour of his brother’s sons Madhiyazhagan and Vijayaseelan. This gift deed is void and of no effect. The said settlees appears to have executed a sale deed on 212. 1975 in favour of the first defendant. The gift deed being void and of no effect the first defendant will not get any title under the sale deed dated 212. 1975. Therefore the suit is for declaration of the plaintiffs title to the suit property and for injunction restraining the defendants from interfering with their possession.

3. The defendants 1 to 4 in their written statement contended that the fifth defendant e









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