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1996 Supreme(Mad) 960

RAJU
Puthiavinayagam Pillai – Appellant
Versus
Sivasankaran Pillai – Respondent


Judgment :

The above second appeal has been filed by the plaintiff in O.S.No.548 of 1980 on the file of the Principal District Munsif Court, Srivilliputhur, who succeeded before the learned Trial Judge, but lost before the first appellate court. The parties hereto are brothers, who are sons of one late Vellaiappa Pillai. The suit was filed for declaration of the plaintiff’s title to the suit schedule property and for possession of the same from the defendant. The case of the plaintiff before the trial court was that he purchased a vacant site in the year 1948 and constructed two houses in the year 1949, that the plaintiff and defendant are brothers, that they had no ancestral properties, that the plaintiff was working as a teacher and he was also an Artist by profession and the houses in question were constructed from out of his self earnings, that in the year 1956 he had purchased a vacant site, north of the suit house and constructed two small houses, that he was taking care of the other members of the family who were younger to him, that in the year 1965, the father who abruptly left the family returned after twelve years and died in the disputed house situated in the eastern por











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