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2010 Supreme(Mad) 4

R.MALA
Sevigounder – Appellant
Versus
Ramaswamy – Respondent


Advocates Appeared:
For the Petitioner:V. Girish Kumar, Advocate.
For the Respondent:V. Raghavachari, Advocate.

Judgment :-

1. This Second Appeal has been filed against the judgment and decree dated 28.06.2002 on the file if II Additional Subordinate Judge, Villupuram, in confirming the judgment and decree dated 05.02.2001 made in O.S. No.324 of 1996 on the file of II Additional District Munsif, Ulundurpet.

2. The averments in the Plaint are as follows:

(i) The suit property originally belonged to one Muttiah Gounder. He is having two sons, by name, Manu Gounder and Ramaswamy, the first defendant. On 26.12.1963, they divided the property in pursuance of a registered partition deed. In the above said partition, the suit property and other properties were allotted to the share of Manu Gounder. He died intestate leaving behind Velayutha Gounder as his only son. After his death, Velayutha Gounder was in possession and enjoyment of the same. On 19.05.1987, he alienated the property in favour of the plaintiff on behalf of himself and his minor son Karunanidhi. From the date of purchase, the plaintiff is in possession and enjoyment of the same by way of mutation of revenue records and by paying kist for the patta No.105. The chitta and adangal also stands in the name of the plaintiff. The plaintiff












































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