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2014 Supreme(Mad) 773

P.R.SHIVAKUMAR
Chinnappan – Appellant
Versus
Rosemary – Respondent


Advocates:
Advocate Appeared:
For the Appellant:R. Meenal, Advocate.
For the Respondents:R1-R6, R. Gururaj, Advocate, R7-R10, No Appearance.

Judgment :

1. The third defendant in the original suit O.S.No.251 of 2002 on the file of the Principal District Munisf, Cuddalore is the appellant in the second appeal. The said suit was filed by one Isac for declaration of his title and injunction in respect of the suit property viz., 26 cents out of 39 cents of dry land comprised in new Survey No.212/14 (Old Survey No.625/6) in Serakuppam Village, Cuddalore Taluk against one Anthony (first defendant, who is no more) and his brothers Michael and Chinnappan and a deceased brother's son Arokiadoss. As the said Anthony died during the pendency of the suit, his legal heirs were impleaded as defendants 5 and 6. The plaintiff Isac also died during the pendency of the suit. Hence his legal heirs were impleaded as plaintiffs 2 to 7. For the sake of convenience and better appreciation, the parties are referred to in accordance with their ranks in the original suit and at appropriate places their ranks in the second appeal shall also be indicated.

2. The plaintiffs claimed their title to the suit property by tracing in the following manner:

The suit property along with other items originally belonged to one Bilavendran, the father of the































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