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2015 Supreme(Mad) 130

B.RAJENDRAN
Shanmugam – Appellant
Versus
Child Trust, Rep. by its Trustees – Respondent


Advocates Appeared:
For the Appellants:S. Parthasarathy, Senior Advocate for J. Saravanavel, Advocate.
For the Respondents:R1, A.L. Somayaji, Senior Advocate for K. Chandrasekaran, R5 to R15, K.V. Anandhakrishnan for V. Chandrasekaran, Advocates, R2 & R4, Given Up, R3 & R16, No Appearance.

JUDGMENT

B. RAJENDRAN, J.

1. The defendants 2, 3, 11, 12, 14 and 15 in O.S. No. 12738 of 1996 on the file of the learned I Assistant Judge, City Civil Court, Chennai are the appellants in this appeal. The said suit was filed by the Plaintiffs/respondent No.1 and the deceased Annapoorani Ammal praying for a declaration to declare that they are the owners of "B" Schedule property mentioned in the plaint, for a direction to the defendants to deliver vacant possession of the suit property and for costs. The suit was decreed by the trial court and it was affirmed by the first appellate Court. The defendants, having suffered a concurrent decision before the courts below, have filed the present second appeal.

2. For the sake of convenience, the parties in this appeal shall be referred to as plaintiffs and defendants as has been arrayed before the trial court.

3. According to the plaintiffs, the suit property was purchased by one P.N. Krishna Iyer, husband of second plaintiff Annapoorani Ammal, by a registered sale deed dated 27.03.1944. The brother of the said P.N. Krishna Iyer namely Mr. P.N. Easwara Iyer filed Civil Suit No. 367 of 1950 before this Court claiming partition of the suit prop





































































































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