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2009 Supreme(Mad) 5812

M.JEYAPAUL
Ethirajulu (died) & Others – Appellant
Versus
Chokalingam & Others – Respondent


Advocates appeared:
For the Appellants :R. Subramania Iyer, Advocate.
For the Respondents:R. Gopalan, Munuswamy, Advocates.

Judgment

Second Appeal filed under Section 100 of Civil Procedure Code of second appeal against the Judgment and Decree dated 211. 1996 in A.S.No.42 of 1994 on the file of Sub Court, Tiruvallur confirming the Decree and Judgment dated 20.09.1994 in O.S.No.156 of 1983 on the file of District Munsif, Ponneri.

The plaintiff who was non-suited before both the Courts below have preferred the present appeal.

2. The suit was filed for declaration of title with respect to the A Schedule property and for recovery of possession of the B and C Schedule properties which formed part of the A Schedule property from the defendants.

3. The plaintiff has contended that the suit A Schedule property originally belonged to Thayarammal, the grand mother of the first plaintiff. She executed a settlement deed dated 19.08.1948 creating a life estate in favour of daughter Sundarammal, the mother of the plaintiff and vesting remainder in favour of the plaintiff in respect of the suit A Schedule property. The plaintiff has become the absolute owner of the suit property, after the demise of his mother Sundarammal. The first and third defendants are the elder sisters of the plaintiff. The second and fourth d
























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