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1996 Supreme(Mad) 186

S.S.SUBRAMANI
S. Subba Reddiar (Died) and Others – Appellant
Versus
Bhagyalakshmi Ammal alias Guruvachi Ammal and Another – Respondent


Advocates:
M.Velusami, for Appellants. M.S. Umapathi, for Raj and Raj, for Respondents.

Judgment :

Defendants in O.S. No.290 of 1979, on the file of the District Munsif’s Court, Tirumangalam, are the appellants herein. After the filing of the second appeal, first appellant died, and appellants 3 to 8 have been impleaded as L.Rs. i.e., as additional appellants, as per order in C.M.P. No.3155 of 1992 dated 20.7.1992.

2.. Relevant facts are as follows: Plaintiffs filed the suit for declaration of title and recovery of possession, with mesne profits. The Scheduled property originally belonged to the first defendant and others. As per Ex.A-3 dated 210. 1930, they sold the property to plaintiffs predecessors. The purchaser under Ex.A-3 was a minor. The purchaser died within a period of one year from the date of purchase, and thereafter his mother executed a release deed in favour of one Ramachandra Reddiar. There were also other claimants, who also executed release deeds in favour of Ramachandra Reddiar. Those documents are Exs.A-4 and A-5.

3. It is the case of the plaintiffs that subsequently the plaintiffs became the owners of the property. According to them, the defendants are in permissive possession and, therefore, liable to vacate the same. Plaintiffs issued a notice






























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