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1973 Supreme(Mad) 168

G.RAMANUJAM
Shanmugham – Appellant
Versus
Indrani Ammal – Respondent


Advocates:
K. N. Balasubramaniam, for Appellant.
R. Krishnamurthi, D. Raju and A. B. Lakshmanan, for Respondents.

Judgment.-

The plaintiff is the appellant. He filed a suit for declaration of his title to the suit properties and for recovery of possession of the same from defendants 1 and 2. His case was that he had purchased the suit property from one Govindammal under the sale deed Exhibit A-1 dated 4th September, 1965, who had in turn got the property from her paramour, Munuswami Naidu, under a will dated 20th December, 1935, and that his vendor Govindammal had been in possession and enjoyment of the property on the basis of the said will. It is also the plaintiff’s case that taking advantage of the sale deed executed by Govindammal’s elder son Ethiraj in their favour under Exhibit B-6 dated 19th August, 1961, the defendants have entered into possession of the property and have put up structures thereon and that therefore he was constrained to file the suit for recovery of possession.

2. The defendants resisted the suit contending that their vendor Ethiraj got the suit property from his father Munuswami Naidu, that under Exhibit B-6 he had conveyed his interest in the suit property to them, and that ever since the date of Exhibit B-6 they are in possession of the properties.

3. The trial Cour












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