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2007 Supreme(Mad) 1162

P.JYOTHIMANI
Arukkani (Died) & Others – Appellant
Versus
Subramaniam – Respondent


For the Appellants:N. Manoharan for K. Kumaravel, Advocates. For the Respondent:R. Saseetharan for R. Janakiraman, Advocates.

Judgment :

P. Jyothimani, J.

The unsuccessful defendants before the Courts below are the appellants. The plaintiff filed the suit for declaration and injunction in respect of the house property. Pending second appeal, the first appellant died and her legal representatives were brought on record as appellants 3 and 4. The plaintiff is the brother of defendants 1 and 2. It is stated that the first defendant is blind and the second defendant is a widow.

2. The case of the plaintiff is that his father Palanipandithar was owner of the suit property and by a registered settlement deed dated 38. 1970, which is marked as Exhibit A 1, he settled the property in favour of he plaintiff and ever since the date of the settlement, he has been in possession and enjoyment of the suit property by paying house tax, etc. It is also the case of the plaintiff that the settlement deed executed by his father under Exhibit A-1 is irrevocable since he had no such right. It is also his ease that ten years after the settlement deed was executed, the defendants have fraudulently taken away the original settlement deed from the plaintiffs possession and had obtained a cancellation deed dated 6. 1980 cancelling




















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