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2011 Supreme(Mad) 2470

R.SUBBIAH
Veerasekaran – Appellant
Versus
Devarasu – Respondent


Advocates appeared:
For the Appellants:N. Suresh, Advocate.
For the Respondents:R1 - A.P. Neelamegavannan, R2 - S. Mukunth, M/s. Sarvabhauman Associates, Advocates.

Judgment :-

1. The unsuccessful defendants in both the courts below are the appellants.The Second Appeal is directed against the judgment and decree dated 29.08.1997 passed by the learned Principal District Judge, Villupuram, in A.S.No.44 of 1996, whereby the judgment and decree passed by the learned Principal District Munsif, Villupuram, dated 31.01.1995 in O.S.No.786 of 1990, were confirmed.

2. The 1st respondent herein is the sole plaintiff, who filed the suit against the appellants herein for declaration and permanent injunction in respect of 'A' schedule properties and also declaration and recovery of possession in respect of 'B' schedule properties with future mesne profits. For convenience, the parties are hereinafter described as per their array in the suit.

3. The case of the plaintiff is briefly stated as under: The suit properties originally belonged to the plaintiff's father Govindasamy and they are the ancestral properties and his father was in enjoyment of the same till his death and after his death, the plaintiff came into possession and enjoyment of the suit properties. The plaintiff's father's brother Chinnasamy was a mentally retarded person and he died intestate an















































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