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2001 Supreme(Mad) 1364

R.BALASUBRAMANIAN
Balasubramaniam – Appellant
Versus
Ramakrishnan – Respondent


Advocates Appeared:
AR.L. Sundaresan for Appellants.
Mr. T. Srinivasa Raghavan for Respondents 1 to 3. No appearance for Respondents 4 and 5.

Judgment :-

1. Defendants 1 and 2 in O.S. No. 263/1981 on the file of the Sub-Court, Madurai are the appellants in this appeal. Respondents 1 to 3 are the plaintiffs in that suit while respondents 4 and 5 are the other defendants in the suit. That suit was filed for declaration of title, for recovery of possession, for past mesne profits and for other reliefs. On contest, the learned trial Judge granted a decree declaring the plaintiffs title and for recovery of possession. He relegated the enquiry into the mesne profits from the date of plaint to a later stage. No decree had been granted for past mesne profits. Defendants 1 and 2 are therefore before this Court in this appeal. Heard Mr. AR.L Sundaresan learned counsel appearing for the appellants and Mr. T. Srinivasa Raghavan, learned counsel appearing for R1 to R3.


2. The case of the plaintiffs in short is as follows:

One Raman Chettiar @ Ramasamy Chettiar was owning the suit property. He executed a settlement deed dated 09.04.26. His wife is Sankarammal and his foster daughter is Subbammal. The settlement deed provides for a life interest in favour of the settlor ad his wife and after their lifetime, the vested remainder on their a








































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