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2012 Supreme(Mad) 2266

T.RAJA
K. Sivanandam – Appellant
Versus
Maragathammal – Respondent


Advocates Appeared:
For the Appellants:N. Ishtiaq Ahmed, Advocate.
For the Respondent:Ms. R.T. Shyamala, Advocate.

Judgment :-

1. The appellants before this court were defendants before the trial Court against whom the plaintiff/respondent filed a suit for permanent injunction restraining the defendants, their men, agents, servants from in any manner interfering with the possession and enjoyment of the suit property by the plaintiff and also for payment of costs of the suit.

2. (i) The plaintiff-Maragathammal's husband-Kanniappan, D1-Sivanandam and one Poosammal-sister of Kanniappan and Sivanandam, were born to one Sundarammal and Kuppusamy. One Pakkirisamy Pillai who was the brother of Sundarammal and the maternal uncle of plaintiff's husband(Kanniappan), D1-Sivanandam and their sister-Poosammal, married Poosammal. But, unfortunately, within three months of marriage the said Pakkirisamy Pillai died intestate on 12.10.1946 leaving his wife Poosammal. It is also to be noted that Poosammal married her own maternal uncle-Pakkirisamy. During the life time of Pakkirisamy Pillai, he had purchased the suit property in the year 1945 which is having East to West on 54 feet, North to South 25 and = feet, totalling 1,215 sq.ft. on 17.5.1945. After the death of Pakkirisamy Pillai, Poosammal-D1's sister, st
































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