M.DURAISWAMY
Maruthayammal & Others – Appellant
Versus
Pushpam & Others – Respondent
M. DURAISWAMY, J.
The above Second Appeal arises against the judgment and decree in A.S. No.260 of 1991 on the file of I Additional District Judge, Coimbatore confirming the Judgment and Decree in O.S. No.730 of 1986 on the file of Sub Court, Coimbatore.
2. The defendants 1, 3 to 7 are the appellants in the above second appeal. The appellants 2 to 6 and the second respondent were recorded as legal representatives of the deceased-first appellant. The plaintiff in the suit is the first respondent and the other respondents are the defendants in the suit.
3. The plaintiff filed the suit in O.S. No. 730 of 1986 on the file of Sub Court, Coimbatore for declaration, recovery of possession, permanent injunction and for past damages.
4. The brief case of the plaintiff in the suit is as follows:
.(i) According to the plaintiff, her father Chinnasamy @ Chinnayyan married Pappammal about 57 years ago. The plaintiff, Jagadambal, Gopalan and Subramaniam are the daughters and sons of Chinnasamy and married Pappammal in or about 1942, the plaintiff’s mother died. Subsequently, plaintiff’s father married one Nanjammal. Dhanalakshmi and Muniyappan are the daughter and son of Chinnasamy
4. Subbegowda (dead) by Lr. v. Thimmegowda (dead) by Lrs 2004 CTC 359.
1. P.S. Deivaprasad v. Dr. P.D. Balaji and Others (2001) 2 MLJ 44: 2001 CTC 520.
3. Rajammal v. Pappayee Ammal 2002 (4) CTC 406.
5. Naramadaben Manganlal Thakker v. Pranjivandas Maganlal Thakker and Others (1997) 2 SCC 255.
2. K. Balakrishnan v. K. Kamalam and Others (1997) 1 MLJ 169.
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