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1996 Supreme(Mad) 772

RAJU
Pachaiyammal and Another – Appellant
Versus
Velusami Kandanthaiyar – Respondent


Advocates:
K.A. Basheer Ahamed, for Appellants. V.Krishnan, for Respondent.

Judgment :

The above second appeal has been filed by the defendants who are unsuccessful throughout before the courts below. The respondents plaintiff filed O.S. No.242 of 1978 on the file of the District Munsif Court, Vridhachalam, for declaration of Plaintiff’s title to the suit properties and possession of the same and for recovery of mesne profits from the date of plaint till delivery of possession. The case of the plaintiff before the courts below was that the suit properties and some other properties originally belonged to one Kandaswamy Kandanthayar, who died intestate in the month of September, 1952 without leaving any issues, that after his death, the suit properties and other properties were enjoyed by his wives viz., one Meenakshi and the 1st defendant herein as his legal heirs, and that the plaintiff is the son of abovesaid Kandasami Kandathayar’s junior maternal aunt and after the death of the said person, the first defendant and the above Meenakshi Ammal were maintained by the plaintiff and as a matter of fact, the plaintiff alone conducted the death ceremony of the abovesaid Kandasami Kandanthayar. The further case of the plaintiff was that the first defendant and the








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