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