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2001 Supreme(Mad) 62

M.CHOCKALINGAM
P. S. Deivaprasad @ P. S. Veerabadran – Appellant
Versus
P. D. Balaji – Respondent


Advocates Appeared:
Mr. N.S. Varadachari, Advocate for Plaintiff.
Mr. D. Devendran for Defendant No.1.

Judgment :

1. This suit has been filed for a declaration that the plaintiff alone is entitled to the xh share in the schedule mentioned property and that the Deed of Settlement dated 19.11.1979 in favour of the 1st defendant is void in law, for permanent injunction restraining the 1st defendant or his agents from collecting any rentals from the suit property from the 8th defendant or any other tenant, for rendition of accounts in respect of xh share rental collections and pay over xh share from the date of death of P.S. Sivabhushanammal viz. 13.4.1994 to the plaintiff and for costs.

2. The plaint averments are as follows:-

The suit property originally belonged to T.K.T. Nayagammal absolutely and she had two daughters viz. Sivabhushanammal and M. Kokilambal. Nayagammal executed a settlement deed dated 9.8.1940 in respect of the suit property. As per the Settlement deed, she reserved for herself the right to enjoy the suit property during her life time without any powers of alienation and after her life time, her two daughters shall take the suit property absolutely with full powers of alienation and after their life time, their respective sons and daughters shall take absolutely the































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