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1998 Supreme(Mad) 590

S.S.SUBRAMANI
Chellappa Gounder (died) – Appellant
Versus
Ramasami Gounder alias Karuppa Gounder(died) – Respondent


Advocates Appeared:
For the Appellants:N. Varadarajan, Advocate.
For the Respondents:M.N. Muthukumaran, Advocate.

Judgment :

1. The appellant in S.A.No. 1351 of 1981 is the 1st defendant in O.S.No.647 of 1978, on the file of Principal District Munsif, Namakal. Subsequent to the filing of the second appeal, he died and his legal heirs have been impleaded as additional appellants. In the others second appeal, which arises out of O.S.No.308 of 1977, on the file of the same court, the plaintiff is the appellant. The plaintiff in O.S.No.308 of 1977 is the 1st defendant in O.S.No.647 of 1978. Both these suits were jointly tried and common evidence was taken in O.S.No.647 of 1978. The parties in these two appeals are also referred to in accordance with their rank in O.S.No.647 of 1978.

2. One Devi Gounder had four sons apart from his widow Sellayee. The sons are Karuppanna Gounder, Kuppusawami Gounder, Chellappa Gounder and Veerappa Gounder. The plaintiff in O.S.No.647 of 1978 is Karuppanna Gounder, and the 1st defendant in that suit is his brother Chellappa Gounder. The 2nd defendant therein is his another brother Veerappa Gounder. Kuppusamy Gounder, who is one of the brothers died and he is not a party to these proceedings.

3. O.S.No.647 of 1978 was the suit filed by Karuppanna Gounder for declarat






































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