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1996 Supreme(Mad) 654

D.RAJU
Dharman & others – Appellant
Versus
Marimuthu – Respondent


G.Subramaniam, Senior Counsel for Mr. Prabhakar, Advocates for Appellants Mr.A.KKumarasamy Advocate for the Respondent.

Judgment :

.1. Defendants 2 to 7 in O.S.No.338 of 1977 on the file of the Court of District Munsif, Ariyalur, who succeeded before the Trial Court, but lost before the First Appellate Court, are the appellants in the above second appeal. The suit came to be filed by the respondent/plaintiff for declaration of” the plaintiffs title over the suit properties and for permanent injunction restraining the defendants from interfering with the peaceful possession of the suit properties by the plaintiff or in the alternative the relief of possession and future mesne profits and for costs. The plaintiff is the brother’s son of the first defendant, who died pending suit. The second defendant is the son-in-law of the first defendant and the third and fourth defendants are the brothers of the plaintiff and the first defendant respectively. Defendants 5 to 7 are daughters of the first defendant, who were impleaded as the legal representatives of the deceased first defendant. The case of the plaintiff was that the first defendant executed a registered gift deed in his favour on 10. 1977 marked as Ex.A-6 in respect of the suit properties, that the settlement came into force immediately and the pla




































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