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2012 Supreme(Mad) 715

T.RAJA
Thandavarayan – Appellant
Versus
Janaki – Respondent


Advocates Appeared:
For the Appellants:A.K. Kumaraswamy, Advocate.
For the Respondents: R1 & R2 - No Appearance, R3 - given up.

Judgment :-

1. The defendants 1 and 2, who failed before both the Courts below, have defendants 1 e preferred the present Second Appeal, challenging the concurrent findings rendered in their respective judgments.

2. The plaintiffs 1 and 2/respondents 1 and 2 herein (mother and son respectively) filed a suit for declaration of title and injunction in O.S. No.72 of 1998 on the file of the learned Additional District Munsif, Tindivanam. The 1st plaintiff is the wife of the 3rd defendant and the 2nd plaintiff is the son of both the 1st plaintiff and the 3rd defendant. In respect of the property owned by him, the 1st plaintiff's husband-the 3rd defendant had executed a settlement deed dated 22.7.1969-Ex.A1, in favour of the plaintiffs, vividly mentioning that the 1st plaintiff-wife of the 3rd defendant would enjoy life estate till her life time and after her death the said property would devolve upon the 2nd plaintiff-son, with absolute right over the suit property having an extent of 1.82 cents. After a long time, the 3rd defendant, by cancelling the settlement deed, dated 22.7.1969, executed a deed of cancellation, dated 01.7.1997-Ex.B.4 and, on the same date, the 3rd defendant/3rd res
































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