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2013 Supreme(Mad) 3693

B.RAJENDRAN
M. Dharmalingam – Appellant
Versus
Anbu – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:M.R. Murali, Advocate.

Judgment :

1. The revision petitioner is the second defendant in O.S. No. 9165 of 1994 on the file of the learned XI Assistant Judge, City Civil Court, Chennai. The first defendant in the suit is the brother's wife of the second defendant/revision petitioner. The suit was filed by the respondents herein for the relief of declaration and for recovery of possession.

2. In the plaint, the plaintiffs/respondents would contend that the husband of the first plaintiff/first respondent namely Murugesan has purchased the suit property from the husband of the first defendant in the suit namely Devambal by a registered sale deed dated 11.05.1989. After purchase, the first defendant – Devambal requested the husband of the plaintiffs/respondents to permit her to occupy a portion of the land on the Northern side for a nominal rent and accordingly, considering the fact that the husband of the first defendant Devambal who sold the property to the husband of the first plaintiff/first respondent herein died and she has no male member to support, she was permitted to occupy a small portion of the suit property. After occupying the property, the first defendant Devambal in collusion with the second d















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