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2010 Supreme(Mad) 90

G.M.AKBAR ALI
Srirangam Co-operative Building, Society, by its Special Officer R. Rajagopalan Srirangam & Others – Appellant
Versus
T. N. Muniswami Konar & Others – Respondent


Advocates appeared:
For the Appellants : Anand Chandrasekar for K. Sarvabhauman Associates.
For the Respondents:K. Prabhakar, Advocate.

Judgment

1. The appeal is preferred against the judgment and decree, dated 31.01.1984 made in O.S.No.667 of 1979 and in O.S.No.440 of 1982, on the file of the Second Additional Subordinate Judge, Trichirappalli. The Suit in O.S.No.667 of 1979 was filed for declaration that the suit properties A and B schedule belonged to the Trust and for consequential relief of recovery of possession and injunction.

2. The brief facts of the case are as follows:-

The suit property, in Town Survey No.734 and old Survey No.302 originally belonged to one Krishna Lala. The Suit property was known as Kishna Lala Gardens, and it is situated at Srirangam, consisted of a Kal Mandapam, Nandavanam (Flower Garden)and an Anjaneyar Temple. The Madam is known as Utharadas Madam. Krishna Lala died leaving behind his wife Chandra Bai and his only daughter Saraswathi Bai Ammal as his legal heirs. Krishna Lala enjoyed the property by leasing them and was conducting the Dharmams and also conducted Poojas from the income of the properties. Thereafter, his daughter Saraswathi Ammal was in possession and enjoyment of the property. The said Saraswathi Ammal had executed a registered Will, dated 04.02.1949, creating a T







































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