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2010 Supreme(Mad) 1857

M.DURAISWAMY
Murugan & Others – Appellant
Versus
Kesava Gounder & Others – Respondent


Advocates Appeared:
For the Petitioners:Hema Sampath, Senior Counsel, S. Krishnasamy, Advocate.
For the Respondent:N. Suresh, Advocate.

Judgment :-

1. The above Second Appeal arises against the judgment and decree in A.S. No.153 of 1997 on the file of Principal District Court, Villupuram reversing the judgment and decree in O.S. No.229 of 1992 of 1992 on the file of Additional District Munsif Court, Villupuram.

2. The plaintiffs in the Suit are the appellants in the above Second Appeal and the respondents are the defendants in the Suit.

3. The plaintiff filed the Suit in O.S. No.229 of 1992 on the file of Additional District Munsif Court, Villupuram for declaration and for recovery of possession.

4. The brief case of the plaintiffs in the Suit are as follows:

.(1) According to the plaintiffs, the suit properties originally belonged to one Petha Gounder, the paternal grand-father of the plaintiffs. Petha Gounder had 2 sons and 3 daughters. Petha Gounder’s wife is Sengeni Ammal. His daughters are Poorani Ammal, Pavunammal and Vellachi Ammal. The sons are Kannan and Balaraman. The plaintiffs are the sons of Kannan. Balaraman’s wife is Lakshmi Ammal and they had a son by name, Palanivel.

.(ii) According to the plaintiffs, the suit properties and other properties are the separate properties of Petha Gonder, who pur















































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