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2002 Supreme(Mad) 499

K.GOVINDARAJAN
C. Anthonysamy – Appellant
Versus
V. Rajagopal Padayachi – Respondent


Advocates Appeared
Mr. N.Maninarayanan, Advocate for Appellant. Mr.V.Ragavachari, Advocate for Respondent.

Judgment :

1. The plaintiff in O.S.No.1250 of 1982 and the defendant in O.S.No.119 of 1983 has filed these Second Appeals aggrieved by the judgments and decrees of the courts below.

2. The appellant filed O.S.No.1250 of 1982 for declaration that he is entitled to the entire suit properties and for injunction restraining the defendants from interfering with his possession in the suit properties or in the alternative for recovery of possession of the same.

3. According to the appellant, the suit properties originally belonged to one Vadivel. After his death, his wife Kuzhanthaiammal along with children inherited the properties. She sold the said properties on her behalf and on behalf of the minors under Ex.A2 in favour of the plaintiff on 15.5.1972. The 1st defendant in O.S.No.1250 of 1982 also filed another suit in O.S.No.1 19 of 1983 for declaration and for possession or in the alternative for partition of his 5?6th share in the suit properties. He admitted that the suit properties belonged to Vadivel. He has contended that Kuzhanthaiammal is not the wife of Vadivel, but one Govindammal is the wife of Vadivel. The said Govindammal eloped with another person and thereafter he was li











































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