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2002 Supreme(Mad) 1111

K.GOVINDARAJAN
Thulasiammal – Appellant
Versus
Marappa Gounder – Respondent


Advocates Appeared
Mr. R. Thirugnanam, Advocate for Appellant. Mr. V. Nicholas, Advocate for Respondents.

Judgment :

1. The unsuccessful plaintiff before the lower appellate Court has filed these Second Appeals.

2. The Plaintiff is the daughter of first defendant/Rangappa Gounder, who died pending suit. The 2nd defendant is the son of the 1st defendant. The 3rd defendant is the wife of Velappa Gounder, the another son. The 4th defendant is the mother of the plaintiff and wife of 1st defendant. 5th defendant is the grandson of the 1st defendant. On the basis that the 1st defendant had executed a settlement deed Ex.Al dated 18.7.1980 with respect to the suit properties and from the date of the settlement deed, the plaintiff claims that she has been in possession of the suit properties, by accepting the same. On the basis that under the said settlement deed, she got share of the entire properties, the plaintiff filed the said suit, for partition.

3. While defending the said suit, the 1st defendant came forward with the plea that the said document Ex.Al had been revoked under Ex.A2, dated 16.1.1981. The plaintiff filed another suit in O.S.No.1636 of 1984 seeking declaration of her title and for injunction with respect to the suit properties. In the said suit, she came forward with the plea





















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