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2010 Supreme(Mad) 3317

R.SUBBIAH
Sivaprakasam – Appellant
Versus
Ilangovan, rep. by Power Agent Sundaramoorthy – Respondent


Advocates Appeared:
For the Appellant :S. Sounthar, Advocate.
For the Respondents:R1 - A. Muthukumar, Advocate.

Judgment :-

1. The unsuccessful 1st defendant is the appellant. This Second Appeal is directed against the decree and judgment dated 19.10.2001 passed by the learned Principal Subordinate Judge, Mayiladuthurai, in A.S.No.59 of 2001, whereby the decree and judgment dated 22.11.2000 passed by the learned District Munsif, Sirkali, in O.S.No.116 of 1996 were confirmed.

2. The 1st respondent herein is the plaintiff, who filed the suit in O.S.No.116 of 1996 on the file of District Munsif Court, Sirkali, against the appellant and respondents 2 and 3 herein as defendants 1 to 3, to hand over the possession of the suit property and also for future mesne profits.

3. The case of the plaintiff, as stated in the plaint, is as follows:- The 1st defendant is the paternal uncle of the plaintiff. The suit property is the self acquired property of the grandfather of the plaintiff, viz., Govindasamy Padayachi, who had two sons Kanagasabai Padayachi (father of the plaintiff) and Sivaprakasam, who is the 1st defendant. The said Govindasamy Padayachi exectued a Will dated 25.02.1989, in which the suit property described as A Schedule, was bequeathed to the plaintiff absolutely. The said Govindasamy Padayac














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