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2009 Supreme(Mad) 5701

R.MALA
Jothi Ramalingam – Appellant
Versus
M. N. Sivagnana Prakasam & Others – Respondent


Advocates appeared:
For Appellant: Mr.A.Seshan.
For respondents: Mr.P.B.Ramanujam for RR-1 & 2, No appearance for R-3.

Judgment

The appellant-second defendant has filed the Second Appeal against the judgment and decree dated 110. 2001 in A.S.No.44 of 1999 on the file of the Sub-Court, Ranipet, Vellore District, reversing the judgment and decree dated 9. 1999 in O.S.No.30 of 1996 on the file of the District Munsif-cum-Judicial Magistrate Court, Arcot.

.2. The averments in the plaint are as follows:

.The suit property was originally owned by one Thirugnanasammanda Mudaliar and he executed a Will in favour of his only daughter Balammal alias Bala Gujambal on 14. 1926. On his demise, Balammal succeeded the property. She married one Natarajan, who is the father of the plaintiffs. Balammal alias Bala Gujambal died after giving birth to a son, by name M.N.Sammandan, who also died. So, on the death of his wife, the plaintiffs father succeeded to the property. The plaintiffs are the sons through his second wife, by name Nani Ammal and till his death, he was in possession and enjoyment of the same. On 28. 1985, the said Natarajan executed a Will. It was duly attested when he was sound and disposing state of mind. He died on 19. 1985. So, the plaintiffs are in joint possession and enjoyment of the suit prop










































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