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1999 Supreme(Mad) 953

K.P.SIVASUBRAMANIAM
Ramu Asari – Appellant
Versus
Thirumoorthy – Respondent


Advocates Appeared:
For the Appellants :T.R. Mani Senior Counsel for T. Srinivasaraghavan, Advocate.
For the Respondents:R. Thiagarajan, M. Muthappan, Advocates.

Judgment :-

This Second Appeal is directed against the judgment of the learned Principal District Judge, Madurai, in A.S. No. 66 of 1985 confirming the judgment of the learned Subordinate Judge, Madurai, in O.S. No. 177 of 1982. The plaintiffs in the suit are the appellants in the above Second Appeal.

2. According to the plaintiffs the suit property originally belonged to three brothers, Subramanian, Thangavel, Velmurugan, Murugan Asari is one of the ‘Pangalis’ of the said individuals. Subramanian left behind his son Senthilvel and his wife Rakkammal on his death before 1906. On 30.3.1906, while Thangavel was a minor, his mother as guardian, and Thangavel and Velmurugan Asari effected a partition through a registered document. The suit property was allotted to the share to Velmurugan. The said share was in the absolute and exclusive possession of Velmurugan and he died in the year 1936 leaving behind his wife Palaniammal as his sole heir, who succeeded to the suit property and was in exclusive possession and enjoyment in her own rights. Defendants 1 to 3, representing Viswa Brahmana Dakshina Mahajana Sangam (hereinafter called “Sangam”) with the ulterior motive of taking over the pro













































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