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2010 Supreme(Mad) 1592

ARUNA JAGADEESAN
Munusamy – Appellant
Versus
Pownammal – Respondent


Advocates Appeared:
For the Appellant:A. Gowdaman, Advocate.
For the Respondent:R. Margabandhu, Advocate.

Judgment :-

The Plaintiff, who lost his case before both the courts below, has filed this Second Appeal against the Judgment and Decree dated 1.4.2002 passed in AS.No.98/1997 by the learned Additional District Judge, Vellore, confirming the Judgement and Decree dated 27.3.1997 passed in OS.No.112/1989 by the learned District Munsif, Vellore.

2. The case of the Plaintiff, as set out in the plaint, is as follows:-

a. The suit property and other properties belonged to the Plaintiffs mother Chinnakulandaiamal, who was in possession and enjoyment of the same and she executed a registered Will bequeathing the property described in "A" in the Will to the Plaintiffs brothers son and "B" to the Plaintiff. Within a few days, she passed away. Thereafter, in the oral partition, the Plaintiff took separate possession of the schedule mentioned property and the patta also stands in his name and he is paying kist. While so, the Defendant and her son attempted to interfere with his possession, setting up a false Will of Chinnakulandaiammal dated 13.2.1982 and relying on the decree obtained by her in OS.No.2405/1982 and hence, the present suit has been filed for declaration and injunction.

3. The cas
































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