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2012 Supreme(Mad) 159

V.PERIYA KARUPPIAH
Padmavathy Ammal – Appellant
Versus
Pachaiyappa Nainar – Respondent


Advocates Appeared:
For the Appellant:Akilesh, M/s.N. Maninarayanan, Advocates.
For the Respondents - No appearance.

Judgment :-

1. This appeal has been filed by the appellant against the judgment and decree passed by the first appellate Court in A.S.No.15 of 2003 dated 06.03.2003 confirming the judgment and decree passed by the trial Court in O.S.No.60 of 1994 dated 16.04.2001 in dismissing the declaratory relief.

2. The case of the plaintiff before the trial court would be as follows:

The plaintiff is the lawfully wedded wife of one Kesava Nainar. The suit properties were belonging to Kesava Nainar as he acquired from his individual income. The said Kesava Nainar was living separately and therefore, he had executed a settlement deed in favour of the plaintiff in respect of the suit properties on 22.08.1966 and thereby, the suit properties were given possession to the plaintiff. The said settlement deed was executed by the said Kesava Nainar in favour of the plaintiff in lieu of her maintenance. The plaintiff was in possession and enjoyment of the suit properties from the said date onwards and patta was given in the name of the plaintiff. She has also paid the kist payable to the suit properties. The plaintiff is also entitled to suit properties absolutely through intestate succession to the sui







































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