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1996 Supreme(Mad) 343

S.S.SUBRAMANI
Pappammal (Died) and Others – Appellant
Versus
Valiammai (Died) and Others – Respondent


Advocates:
E.Padmanabhan, for Appellants. V.K.Muthuswami and Peppin Fernando, for Respondents.

Judgment :

Plaintiff who filed O.S. No. 256 of 1966, on the file of the District Munsif s Court, Karur, died during the pendency of the suit, and plaintiffs 2 to 5 were impleaded as additional plaintiffs. Of them, after the filing of this second appeal, plaintiffs 2 and 3 died and appellants 5 to 7 herein have been impleaded.

2. The suit was one for declaration of title and recovery of possession of C Schedule property, mentioned in the plaint. A plan is also appended.

3. Relevant facts which are necessary for the proper disposal of this second appeal are as follows: Plaint A Schedule Property is having an area of nearly 3 acres. The said property along with other properties were purchased by the original plaintiff under Ex.A-1, dated 11. 1946. The original plaintiff paid a consideration of Rs.25,000. It is said that he obtained physical possession of the entire property. The plaint C Schedule property is a portion of A Schedule, which is situated on the north western portion of the entire A Schedule property. As per allegations in the plaint, the C Schedule property has got an extent of 20 x 18 sq. ft. It is also stated that B and D Schedule items are portions of A Schedule. It i

















































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