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1993 Supreme(Mad) 282

SRINIVASAN, THANGAMANI
A. Rukumani and another – Appellant
Versus
Gopalaswamy and another – Respondent


Advocates:
S.Srinivasan, for Appellants. R.Sundaravaradan, Senior Counsel for Mls.R.Nandakumar, S.Gopalarathinam, for Respondent No.1. A.S.Jeevarathinam and P.Jagadeesan, for Respondent No.2.

Judgment :-

Thangamani, J.

Appellants are the plaintiffs in O.S.No.1501 of 1980 on the file of learned Principal Subordinate Judge of Coimbatore. They are the daughters of one Krishnama Naidu and his wife Papammal alias Thulasiammal. One P.K.Venugopal is their brother. In 1938 Krishnama Naidu was convicted by the Sessions Court, Coimbatore on a murder charge and he was hanged. It is the case of the appellants that the suit property measuring 8 acres and 36 cents in Survey No.4, Goodalore village is their ancestral lands. After the death of their father, they inherited the same, as his legal heirs. Respondents are their distant dayathies. Since the two sisters were married, their younger brother P.K. Venugopal was mostly remaining with the respondents and cultivating the lands with their assistance. He was treated as one among the members of the respondent’s family. From 1978 his whereabouts were not known. The appellants suspect some foul play on the part of the respondents in the disappearance of their brother. Now the appellants have come to know that their brother is no more. On account of long separation from her only son, their mother expired on 5. 1979. It appears that the res











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