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1998 Supreme(Mad) 573

S.S.SUBRAMANI
K. N. Radhakrishnan – Appellant
Versus
P. M. M. Rajammal – Respondent


Advocates Appeared:
For the Appellant:S. Balasubramaniam for P.R. Varadarajan, Advocates.
For the Respondent:T.K. Subba Rao, Advocate.

Judgment :-

1. Plaintiff in O.S. No. 776 of 1981, on the file of District Munsif, Tiruchengode, is the appellant.

2. The appellant filed the suit for declaration of his title to the properly and for recovery of possession from the defendant and for mesne profits. It is his case that the plaint property was purchased by his father under Ex.B21 dated 30-10-1919, and the plaintiff and his father were, residing together in the same house. They borrowed certain amounts from one Palani Chetty on a promissory note and mortgage. To discharge those debts, the plaintiff and his father had executed a sale deed in favour of Palani Chetty and got a reconveyance agreement from him. The said sale deed was not registered. At that time the plaintiff leased put the house to Palani Chetty. Palani Chetty, and his wife Ponnammal were living in the house as tenants under the plaintiff. As the sale deed was not registered, Palani Chetty filed a suit on the pronote and the plaintiff and his father contested the same on the ground that the debts have been discharged by that sale deed. While the suit was pending Palani Chetty died. After trial the suit was also dismissed. In order to get possession of the su



















































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