SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2009 Supreme(Mad) 5350

R.BANUMATHI
Karpagam & Another – Appellant
Versus
E. Purushothaman & Others – Respondent


Advocates appeared:
For the Appellant:V. Raghavachari, Advocate.
For the Respondents:M.R. Khapali, Advocate.

Judgment

This Second Appeal is preferred against the concurrent findings of Courts below decreeing Plaintiffs suit for Permanent Injunction. Unsuccessful Defendants 1 and 2 are Appellants. Respondents 2 and 3 are Defendants 3 and 4 in the suit. For convenience, the parties are referred as per their array in the suit.

.2. Parties are related as under:- |

.| |

Akilandam Elumalai

=Ramasamy Naicker |

| |

---------------------- Purushothaman

| | [Plaintiff]

Bakthavachalu Ayyavu

Naicker (D3)

[Died on 210. 94]

|

Karpagam (D1)

=Pachaiyappan (D2)

3. Suit property items 1 and 2 originally belonged to one Bakthavatchalu Naicker and he was looked after by Plaintiff and his family for nearly 20 years prior to his death. While in a sound disposing state of mind Bakthavatchalu Naicker executed Ex.A1 Will [28. 1987] giving life interest to Plaintiff and vested remainder to Plaintiffs son. Testator Bakthavatchalu Naicker died on 210. 1994. Suit item No.3 was purchased by Plaintiff from 1st Defendant and thus Plaintiff is in exclusive possession and enjoyment of suit items. Case of Plaintiff is that Plaintiff was in enjoyment of suit properties even during the life time of Bakthavatchalu Naicker

































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top