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2003 Supreme(Mad) 462

K.GNANAPRAKASAM
Tuticorin Diocesan Trust Association – Appellant
Versus
Thavamani – Respondent


Advocates Appeared:
P.Peppin Fernando, Advocate for Appellants.
V. Sanjeevi, Advocate for Respondent (R2).

Judgment

1. The plaintiffs suit is one for declaration and for permanent injunction. The plaintiff claims that the suit property originally belonged to one Alwar, who had settled the property in favour of his grand sons, Alwar and Perumal under Ex.Al, settlement deed dated 5.8.1929 and as the beneficiaries were minors at that time, their mother Pechikudumbachi was appointed as a guardian and she was entitled to enjoy the property till the minors attain the majority and on attaining majority, she has to hand over the property to the beneficiaries. Perumal, one of the beneficiaries, sold this property to Mahalingam under Ex.A2, sale deed dated 4.8.1954, who in turn sold the same to one Subramanian under Ex.A3, sale deed dated 4.9.1959 and Subramainan, in turn, sold the property to Alwar and Perumal, the original beneficiaries under Ex.A4, sale deed dated 26.9.1969. Thus, the property had once again come to the hands of the original owners, viz. Alwar and Perumal and they were enjoying the property and sold the same to the plaintiff under Ex.A5, sale deed dated 1.3.1982. The plaintiff took possession of the suit property and had reared certain trees and also stacked hay. Thus, the pla





































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