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2011 Supreme(Mad) 3304

R.SUBBIAH
Amutha (deceased) – Appellant
Versus
Yogeswaran – Respondent


Advocates Appeared:
For the Appellants:G. Jayachandran, Advocate. For the Respondents:R1 & R2 - M.V. Krishnan, Advocate, R3 - No appearance.

Judgment :-

1. Defendants 1 & 2, who lost before the Courts below, have filed the Second Appeal aggrieved over the judgment and decree dated 28.03.2011 passed by the learned Principal District Judge, Vellore, in A.S. No.72 of 1997, confirming the judgment and decree passed by the learned Subordinate Judge, Tirupattur, dated 05.02.1997 in O.S. No.45 of 1992. Pending Appeal, both Appellants died and as such, their Legal Representatives were brought on record as Appellants 3 & 4.

2. Respondents 1 & 2 herein were the Plaintiffs before the Trial Court and they filed the Suit as against Appellants 1 & 2 as well as the 3rd Respondent herein as Defendants for declaration of their right, title and interest to the suit properties and also vacant possession of the said properties from the Defendants.

3. The case of the Plaintiffs, in brief, is as follows: The 1st Plaintiff is the son and the 2nd Plaintiff is the wife of one late Subramani Chettiar and the suit properties are the ancestral properties of the 1st Plaintiff. There was a partition on 16.03.1985 in respect of the family properties and half share in the suit properties were allotted to the 1st Plaintiff and another half share was allo






















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