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2009 Supreme(Mad) 2846

M.M.SUNDRESH
An. Vairavan – Appellant
Versus
Gnanasekaran – Respondent


Advocates Appeared:
Ms. Hema Sampath for R. Subramanian, for Appellants
S.V. Jayaraman and C.P. Sivamohan, for Respondents

JUDGMENT

M.M. SUNDRESH, J.

The appeal has been preferred by the defendants 3, 4, 5 and 6 in the suit. The suit has been filed by the plaintiff against the defendants seeking relief of specific performance of the contract dated 20.6.1983 or in the alternative for the return of a sum of Rs. 4 lakhs with future interest.

2. The case of the plaintiff in a nut shell is as follows:

The suit property is a house situated in Colony Road, Thillainagar, Trichy-18. It originally belonged to one VE.A.VE. Meyyammai Achi wife of Vairavan Chettiar. The said VE.A.VE. Meyyammai Achi in a sound disposing state of mind executed a will dated 15.1.1977. In the said will, she appointed her husband as the Executor and Trustee. Under the will, the Executor was directed to take possession and obtained probate letter. The said Executor shall have the power to dispose of any of the properties mentioned and any such action by him shall not be liable to be questioned by any person claiming under the will. The Executor is also under no obligation to render any accounts to anyone. If the Executor dies before carrying out the directions mentioned under the will, then the Trustees and Executors appointed by him under h



















































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