V.PERIYA KARUPPIAH
Valliammal – Appellant
Versus
Sokkammal – Respondent
1. This appeal is directed against the judgment and decree passed by the First appellate court in A.S.No.25 of 2003 dated 03.04.2003, in reversing the judgment and decree passed by the trial Court made in O.S.No.415 of 1997 in dismissing the suit.
2. The appellants were the defendants and the respondent is the plaintiff before the trial Court.
3. The case of the plaintiff before the lower court are as follows:-
The suit property was in possession and enjoyment of the husband of the plaintiff Chellapillai, who is the son of Duraisamypillai. There is no issues for the plaintiff and Chellapillai. Both were residing in the Keel Edayalam village for some time and in Chennai for some time. They were in joint enjoyment of the suit property. The plaintiff alone is legally wedded wife of Chellapillai. On 26.05.1997, Chellapillai died intestate. There is no legal representatives for Chellapillai other than the plaintiff. Until the the death of Chellapillai, the suit properties were in enjoyment of Chellapillai. No one has any right in the suit property. Chellapillai neither executed any document regarding the suit property to anybody nor appointed any one as legal representative
1. (2000) 1 SCC 434 (Ishwar Dass Jain (dead) through LRs v. Sohan Lal(dead) by LRs)
2. 2007 (11) SCC 621 (Savithri and others v. Karthyayani Amma and others)
6. AIR 1976 MAD 4 (Rajammal v. Chinnathal)
11. 2007 (11) SCC 621 (Savithri and others v. Karthyayani Amma and others)
15. Janki Narayan Bhoir v. Narayan Namdeo Kadam
3. AIR 2003 MAD 270 (Maria Stella and others v. T.Joseph Catherine and others)
12. 2010 JT (4) 296 = 2010 (5) SCC 274 (S.R.Srinivasa ..vs.. S.Padmavathamma)
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