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1997 Supreme(Mad) 329

S.S.SUBRAMANI
R. Singaperumal – Appellant
Versus
Vellikkannu – Respondent


Advocates Appeared:
For the Appellant:T.R. Mani, Senior Counsel for T.M. Hariharan, Advocate.
For the Respondents:S. Sundar for T.R. Rajaraman, Advocates.

Judgment :-

1. First defendant in O.S. No. 87 of 1978, on the file of the District Munsifs Court at Melur, is the appellant before this Court.

2. Suit filed by the plaintiff, after amendment of the plaint, is to direct the defendants to surrender possession of the properties to the plaintiff without let or hindrance, and for payment of mesne profits. Alternatively, a decree is also sought for partition claiming half share over the plaint items.

3. Material averments in the plaint may be stated as follows:—

The schedule properties, according to the plaintiff, are the self-acquired properties of late Ramasami Konar. First defendant is the only son of Ramasami Konar. Wife of the acquirer was already divorced, and she has married some other person and is residing separately. It is said that the first defendant married the plaintiff on Pappankuttu, and both of them were residing as man and wife. While so, on 10.10.1972, first defendant murdered his father Ramasami Konar and was convicted under Sec. 302, I.P.C. for life imprisonment in S.C. 26 of 1973, on 26.4.1973 by the Additional Sessions Judge of Madurai. In Criminal Appeal No. 403 of 1973, this Court confirmed the conviction but reco





















































































































































































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