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2014 Supreme(Mad) 4398

P.R.SHIVAKUMAR
S. Balakrishnan – Appellant
Versus
S. Ayyammal – Respondent


Advocates Appeared:
V. Nicholas, for Appellants CH. Pandian, for Respondents

JUDGMENT

1. The unsuccessful plaintiffs in O.S.No.198 of 2003, which was dismissed by the Trial Judge viz., learned Additional District Judge/Fast Track Court I, Coimbatore by his judgment and decree dated 30.9.2003, are the appellants in the appeal. Initially, the defendants 1 to 5 therein have been arrayed as respondents 1 to 5 in the appeal. During the pendency of the appeal, the first respondent Ayyammal died and appellants 1 to 3 and the remaining respondents viz., respondents 2 to 5 have been recorded as her legal representatives.

2. Admittedly, the suit property had been purchased under a sale deed dated 10.2.1946, a certified copy of which has been produced as Ex.A2. The vendor under the said sale deed was none other than Nanjappa Gounder, the father of the decreased first respondent Ayyammal. Ayyammal’s husband was one Subbia Gounder. Their sons are appellants 1 and 2/plaintiffs 1 and 2 and respondents 2 to 4/defendants 2 to 4. The third appellant/third plaintiff and the fifth respondent/fifth defendant are their daughters. The appellants/plaintiffs claim that the purchase made under the original of Ex.A2 sale deed was not made with the funds of the purchaser therein viz., A
























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