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1995 Supreme(Mad) 628

A.R.LAKSHMANAN
A. P. Sagar and Others – Appellant
Versus
Govindaswami Gramani – Respondent


Advocates:
S.Gopalaratnam, Senior Counsel, for R.Ganesan, for Appellants. G.Masilamani, Senior Counsel, for T.P. Manoharan, for Respondent.

Judgment :

The unsuccessful defendants in O.S. No.268 of 1987 on the file of the First Additional Subordinate Judge, Pondicherry, are the appellants in this second appeal.

2. The case of the plaintiff/ respondent in short is as follows: The respondent is the owner of ‘A’, ‘B’ and ‘C portions of the suit schedule property. The said property is the ancestral property of the respondent. Under the registered lease deed Ex.A-1 dated 111. 1967, the respondent had leased out portion ‘A’ of the suit property to one Pavadai Naicker, the father of the appellants/defendants. On the same day, he had leased out the remaining portions of the suit property in favour of one Sinna Ponnu, sister of Pavadai Naicker under Ex.A-2 lease deed. The said Sinna Ponnu had vacated and handed over possession of ‘B’ and ‘C portions of the suit property to the respondent. However, Pavadai Naicker continued to keep portion ‘A’ of the suit property and was paying rent to the respondent. Pavadai Naicker died in the year 1968. After his death, the appellants, who are his sons, refused to pay rent to the respondent and claimed ownership to the entire suit property. The 1 st appellant, in support of his claim of title





















































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