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1996 Supreme(Mad) 1238

ARUNA JAGADEESAN
Pattu Ammal alias Krishnammal – Appellant
Versus
Balasekar – Respondent


Advocates Appeared:
For the Appellant:M/s. K.S.V. Prasad & E. Kumar, Advocates. For the Respondents:T.P. Manoharan, Advocate.

Judgment :-

1. The third defendant in O.S. No. 90/72 on the file of the Sub-Court, Cuddalore is the appellant herein. The plaintiff, the first respondent herein, filed the said suit for declaration of his title to the suit property and for recovery of possession. The case of the plaintiff is that his father Marimuthu Banal is the son of the first defendant. The second defendant is another son, and the defendants 3 and 4 are the daughters of first defendant. The plaintiffs father was employed in the French Army Service and he has been sending amounts to his mother, the first defendant herein since the plaintiff was residing with the first defendant and out of the funds the first defendant purchased the suit property on 5.12.1958 under Ex.B-3, the registration copy of the same has been marked as Ex.A-19, from one Kothandarama Chettiar. On the very next day i.e. , on 6.12.1958 the first defendant executed a registered settlement deed Ex.B-4 (Ex.A-20 is the registration copy) in favour of both son Marimuthu Bal, and grandson the plaintiff. Under the said settlement deed, the father of the plaintiff was given the life estate and thereafter the plaintiff an absolute estate. The father of
























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