G.RAJASURIA
S. Ganesan – Appellant
Versus
S. Kuppuswamy & Another – Respondent
This appeal is focussed as against the judgment and decree 20.11.1995 passed in O.S.No.380 of 1990 by the Subordinate Judge, Kancheepuram, which is one for delivery of possession of the suit properties, for mesne profits and for damages for illegal use and occupation of the properties.
2. The epitome and the long and short of the case of the plaintiff, as stood exposited from the averments in the plaint as well as from the documents and submissions made by the learned counsel for the appellant/plaintiff would run thus:-
.(a) The property described in the A schedule of the plaint was allotted to the share of one K. Chinna Kannu Reddy, as per Partition Deed dated 22. 1966(Ex.A2).
.(b) B and C schedule properties were allowed to be occupied by defendants 1 and 2 respectively, who are none but the brother-in-laws of the plaintiff, under leave and licence, by the said Chinna Kannu Reddy,
.(c) Chinna Kannu Reddy, during his life time executed a registered Will dated 27. 1993 in favour of the plaintiff, bequeathing the A scheduled property, which includes B and C scheduled properties of the plaint. In fact, the plaintiff happened to be the adopted son of the said Chinna Kann
2. H. Venkatachala Aiyengar v. B.N. Thimmajamma and others AIR 1959 SC 443
7. Sridevi & Ors vs. Jayaraja Shetty & Others
9. L. Bakthavatsalam and others vs. R.Alagiriswamy (died) and others 2007(5) CTC 513
6. Uma Devi Nambiar and Others vs. T.C. Sidhan (Dead) (2004) 2 SCC 321 = 2004-2-L.W.852
10. Krishna Kumar Birla v. Rajendra Singh Lodha and others (2008)4 SCC 300
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