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2001 Supreme(Mad) 633

K.GOVINDARAJAN
Rukmani Ammal – Appellant
Versus
Annamalai Pillai – Respondent


Advocates Appeared:
Mr. V. Raghavachari, Advocate for Appellant. Mr. S.V. Jayaraman, Senior Counsel for Mr. N. Maninarayanan, Advocate for Respondents.

Judgment :

1. The unsuccessful plaintiff filed the above second appeal. The plaintiff filed a suit in O.S. No. 1657 of 1980 on the file of the District Munsif, Vridhachalam for declaration of his title to the suit property and for injunction and in alternative for possession of the suit property.

2. According to the plaintiff, the suit property was given by Sivalingam in favour of his widowed daughter Thangammal for her maintenance. She executed a Will under Ex.A3 dated 29.11.75 in favour of the plaintiff. Thangammal died. According to the plaintiff, the said Sivalingam had executed a settlement deed under Ex.A1, dated 23.2.1927 in favour of the said Thangammal, his widowed daughter for her maintenance. On that basis, the plaintiff has come forward with a plea that Thangammal's right is enlarged and thereby the plaintiff is entitled to absolute right in the property.

3. The defendants contested the suit contending inter-alia that Thangammal cannot claim any absolute right on the basis of the settlement deed and so the plaintiff also cannot claim any right on the basis of Ex.A3 Will executed by Thangammal.

4. TheTrial Court, without accepting the case of the plaintiff, dismissed the























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