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2007 Supreme(Mad) 889

P.JYOTHIMANI
K. Loganathan – Appellant
Versus
Punniakotti Naicker & Another – Respondent


Advocates:
For the Appellant :S. Balasubramanian, Advocate. For the Respondents:S. Kalyana Raman, Advocate.

Judgment :-

The unsuccessful plaintiff in the Courts below is the appellant herein. The plaintiff filed a suit for a declaration that he is entitled to the entire suit property and also for a permanent injunction. The suit property is a house site with superstructure measuring 13¼th feet east-west to north-south along with backyard trees etc., in Kamakshiammankoil Sannadhi Street, Kanchipuram, bearing T.S.No.873 and D.No.60-B.

2. The case of the plaintiff is that he is the son of the second defendant Kuppusami Naiker and the first defendant, Punyakoti Naiker, is the brother of the second defendant and therefore he is the paternal uncle of the plaintiff. One Varadappa Naiker the grand father of the plaintiff had two sons namely the defendants and one daughter-Jayammal. The said Varadappa Naiker among his brother have divided many years ago and the schedule property was purchased by the said Varadappa Naiker absolutely on 012. 1954 and the said Varadappa Naicker has been in absolute possession and enjoyment of the same. The said Varadappa Naicker, the absolute owner of the property, has executed a registered settlement deed in favour of the plaintiff on 011. 72 out of love and affecti


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