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2015 Supreme(Mad) 1109

A.SELVAM
Aruppukttai Devangar Arts College – Appellant
Versus
Balasubramaniasamy Temple – Respondent


Advocates Appeared:
For the Petitioner:Viduthalai, Senior Counsel for M. Senthilkumar, Advocate.
For the Respondents:R4, R6 & R8 to R12, T. Srinivasa Raghavan, Advocate.

Judgment :-

1. This Review Application has been preferred against the Judgment and decree passed in Second Appeal(MD)No.1100 of 1998.

2. The respondents herein as plaintiffs have instituted Original Suit No.36 of 1996 on the file of the District Munsif Court, Aruppukkottai for the reliefs of cancellation of the gift deed dated 15.11.1970 and also for recovery of possession of the suit property, wherein the present review applicant has been arrayed as sole defendant.

3. In the plaint it is averred that the suit property is the absolute property of the plaintiffs. The erstwhile trustees namely Kanagasababathy Chettiar and Malliah Chettiar have falsely executed a gift deed dated 15.11.1970 in favour of the defendant and the same is void. As per gift deed dated 15.11.1970, the defendant has not derived any title to the suit property. under the said circumstances, the present suit has been instituted for the reliefs sought for in the plaint.

4. In the written statement filed on the side of the defendant, it is averred that the suit property is the absolute property of the executants of the gift deed dated 15.11.1970 and from the date of execution, the defendant has become an absolute own






















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