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2001 Supreme(Mad) 101

A.RAMAMURTHI
V. Pandian & Others – Appellant
Versus
K. P. Subramanian & Another – Respondent


Advocates Appeared:
P. Seshadri, for Respondents.

Judgment :

1. The defendants 1 to 3 in O.S.No.193 of 1996 on the file of the Principal District Munsif, Arani have preferred the second appeal, aggrieved against the judgment and decree passed by the learned Subordinate Judge, Arani, Thiruvannamalai District, dated 13.11.1999 in A.S.No.50 of 1997 allowing the appeal partly and setting aside the judgment and decree of the trial Court dated 4.4.1997.

2. Thecase in brief is as follows:

The plaintiff filed a suit for declaration and for recovery of possession of the property as well as mesne profits. D-4 and one Velu Gounder are the sons of Ramasamy Gounder and they were members of Hindu undivided family. Ramasamy Gounder died long back. Velu Gounder and D-4 orally divided the property some 30 years back and the suit property fell to the share of D-4. Velu Gounder also died some 10 years back. D-4 had no male issues and therefore, he was staying in the house of his father-in-law. D-1 to D-3 are the children of Velu Gounder. D-4 had entrusted D-1 to D-3 to look after the agricultural work relating to his lands. D-4 used to come to the village often and he was also staying in the house bearing door No.10. D-4 used to give money for meeti




















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