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2008 Supreme(Mad) 2616

G.RAJASURIA
Thayammal – Appellant
Versus
Ponnusamy – Respondent


Advocates Appeared:
M.M. Sundaresh, for Appellant
K. Goviganesan, for Respondents

JUDGMENT

G. RAJASURIA, J.

The unsuccessful plaintiff filed this appeal as against the judgment and decree dated 31.1.1995 passed by the learned Principle Subordinate Judge, Erode, in O.S. No. 265 of 1993, which was filed by the plaintiff as against the defendants for declaration of her title to the suit property and for delivery of possession.

2. Broadly but briefly, narratively but precisely, the case of the plaintiff as stood exposited from the plaint could be portrayed thus:

(a) One Chinnamoopan had a son by name Ponnusamy (D1) and a daughter, namely, Thangammal. A division of status took place between Chinnamooppan and D1 herein. Thereafter, Chinnamooppan purchased a vacant site measuring 12 cents as per sale Deed dated 21.5.1965 from Vijayapurimooppan and others, from out of his own funds and raised two anganam thatched houses and one tiled anganam house.

(b) As per Settlement Deed dated 10.12.1973, the said Chinnamooppan settled the suit property in favour of his daughter Thangammal, wife of Koolamooppan, whereupon, she started enjoying it as the absolute owner. She also built two tiled houses in the suit property and enjoyed the same by leasing them out to various persons and sub


































































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