R.MALA
G. Raghuraman(died) – Appellant
Versus
Jegannatha Naidu – Respondent
1. The Second Appeal arises out of the judgment and decree, dated 27.9.2001 made in A.S.No.7 of 2001 on the file of the Subordinate Judges Court, Mathuranthagam, reversing the judgment and decree, dated 27.11.2000 made in O.S.No.557 of 1993 on the file of the District Munsif Court, Mathuranthagam.
2. The averments made in the plaint are as follows:
(a) The first respondent/plaintiff is the absolute and exclusive owners of the suit properties. He got the same under a registered Will executed by one Chengappa Naidu on 4.10.1938. The suit properties were acquired by Chengappa Naidu under a Sale Deed, dated 19.12.1944 and also from Lakshmi Ammal as legal heir. Chengappa Naidu was in possession and enjoyment of the same till his death in the year 1958. Thereafter, the first respondent/plaintiff is in possession and enjoyment. Patta has been transferred in his name and also he has been paying the kist. He dug up two Wells and also put up electric motor pump-set. The service connections stands in the name of the first respondent/plaintiff. He also dealt with the properties by way of mortgaging the same in 1972 with the Land Development Bank, Chithamoor and in 1993, he has als
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