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2009 Supreme(Mad) 5431

R.MALA
Valliammai Ammal & Another – Appellant
Versus
Palani Pillai – Respondent


Advocates appeared:
For the Petitioners:A.K. Kumaraswamy, Advocate.
For the Respondent:K. Srinivasan, Advocate.

Judgment

1. This Second Appeal is filed against the judgment and decree of the Additional District Judge (Fast Track Court No.1) Tindivanam in A.S. No.79 of 2002 dated 110. 2002, reversing the judgment and decree of the learned Principal District Munsif, Tindivanam in O.S. No.137 of 1994 dated 20.8.1998.

2. The averments contained in the Plaint are as follows:

(i) The suit property is absolutely belonging to the plaintiff’s wife viz. Chinnakulandai Ammal. The plaintiff’s father-in-law Rangasamy Pillai is having 3 daughters viz. Chinnakulandai Ammal and defendants 1 and 2. When Chinnakulandai Ammal was minor, the suit property has been purchased by Rangasamy Pillai as guardian of Chinnakulandai ammal on 20.8.1964 for Rs. 1,500/-Since, Chinnakulandai Ammal was physically challenged and not keeping good health, the property has been purchased for the benefit of her marriage. After purchasing the property, Rangasamy Pillai was in possession and enjoyment of the same on behalf of Chinnakulandaiammal and neither Rangasamy Pillai nor the defendants have right over the property. The marriage between the plaintiff and Chinnakulandai Ammal was solemnised 21 years before the filing of suit.








































































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