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1996 Supreme(Mad) 27

S.S.SUBRAMANI
R. Kumarasamy Kounder – Appellant
Versus
V. Ezhumalai Kounder – Respondent


Advocates:
Mr.A.Sivaji Advocate for the Appellant. Mr.A.Thamizharasan Advocate for the Respondent

Judgment :

1. This second appeal is filed by the plaintiff in O.S.No.54 of 1991, on the file of Additional District Munsiffs Court, Villupuram.

2. The suit filed by the appellant is one for declaration of title and recovery of possession on the following facts:-

The property having an area of 80 cents originally belonged to one Govindasamy Gounder who sold the same to one Pandurangan as per Ex.B.1. Pandurangan had two sons. It is said that on the death of the wife of Pandurangan, these children, who were then minors, were left in the custody of their uncle Natesan. At that time, Pandurangan executed the original of Ex.A.4 settlement deed dated 112. 1986. The original of the document is marked as Ex.B.15 on the side of the defendant. It is averred that as per the settlement deed, the minors became the absolute owners of the property who were then under the protection of their uncle Natesan. Pandurangan was a permanent employee at Madras. On 26. 1989, Pandurangan executed a cancellation of the settlement as evidenced by Ex. B.3 and thereafter he sold 3 cents of land under Ex.B.2 and a lease for a period of ten years as per Ex. B.4 in favour of the defendant. On the minor sons, the





































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