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2011 Supreme(Mad) 3075

R.S.RAMANATHAN
Ella Ammal – Appellant
Versus
Kothambu Ammal – Respondent


Advocates Appeared:
For the Appellant:Mr. R. Srinivas, Advocate.
For the Respondent:Mr. R. Sunil Kumar, Advocate.

JUDGMENT :-

1. The unsuccessful defendant is the appellant herein.

2. The respondent/plaintiff filed the suit for declaration and injunction or in the alternative for recovery of possession of the suit property.

3. The case of the respondent/plaintiff was that the suit property originally belonged to one Potti Ammal. The said Potti Ammal, married one Ponnan, who had two sons by name Kalliaperumal and Dhanapal. Dhanapal, died thirty years, earlier to the filing of the suit and the property was enjoyed by Kaliaperumal and Potti Ammal, as Ponnan died in the year 1950. The respondent/plaintiff purchased the property under a registered sale deed dated 04.08.1973, from Potti Ammal and Kaliaperumal and was in enjoyment of the same. As the appellant/defendant dispossessed the respondent/plaintiff, the suit was filed. The suit was originally filed for declaration and injunction or in the alternative, recovery of possession of the suit property.

4. The appellant/defendant contested the suit, stating that Ponnan, was the original owner of the suit property and through his wife Potti Ammal, he had one son by name Kaliaperumal and through his another wife, he had another son by name Dhanapal. The































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