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1992 Supreme(Mad) 12

SRINIVASAN
Jubedabai and another – Appellant
Versus
Lakshmi Ammal and others – Respondent


Advocates:
K.Ravichandrababu, for Appellants. K.Sampath, for Respondent No.1.

Judgment :

The properties involved in these proceedings belonged to the family of one Narayanasami Pillai. Respondents 1 and 2 herein are the heirs of Venkatesan Pillai, brother of Narayanasami Pillai. Venkatesan Pillai, filed a suit for partition which was numbered as Affair No.431 of 1962 against Narayanasami. A preliminary decree was passed on 24. 1967. Narayanasami Pillai died on 20.10.1967. But, he had executed a will and registered it on 13. 1966 bequeathing the property to one Balaraman, his grandson. Balaraman was brought on record as the legal representative of Narayanasami Pillai in the final decree proceedings. A final decree was passed on 33. 1977 allotting the properties now in dispute to Venkatesan’s branch. Venkatesan having died in the meanwhile, respondents 1 and 2 herein were brought on record as his legal representatives. Thus, in the final decree, the properties in question have been allotted to respondents 1 and 2.

2. In execution of the decree, respondents 1 and 2 filed E.P.No.141 of 1984 for delivery of possession. It was resisted by the appellants herein and one Kuppusamy Pillai. E.ANo.433 of 1985 was filed for removal of obstruction. On 11. 1988, E.ANo.433










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