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2015 Supreme(Mad) 1839

S.VIMALA
G. Ramakrishnan – Appellant
Versus
G. Subramanian – Respondent


Advocates Appeared:
For the Plaintiff:M. Ravindran, Sr. Counsel, for /s. Krishna Ravindran, Advocates.
For the Defendants:K.M. Vijayan, Sr. Counsel for M/s. A. Sumathy, Advocate.

Judgment :-

1. The suit has been filed seeking the relief of: (a) declaration that the plaintiff is the sole and absolute owner of the suit property, i.e., located at 18/1 & 2 Soodiammanpet, Saidapet, Chennai – 600 015; (b) to deliver vacant possession of the suit property; (c) mesne profits at the rate of Rs.30,000/- per month, from the date of filing of the suit.

2. The brief averments in the plaint are as follows:-

The plaintiff is a physically challenged person, having suffered amputation of both arms, in a train accident. He was working as a Reader in the Small Causes Court and thus, he had self-earnings. The plaintiff purchased the suit property out of his self-earned money in the name of himself and his sister-Saraswathy on “either or survivor” basis. The purchase was made as per Ex.P-2, dated 29.10.1963.

2.1. The plaintiff's vendor, Narasimhalu Chettiar, was a prisoner at that point of time and therefore, his wife, as Power Agent, has sold the property.

2.1 The plaintiff, along with his sister, had sold a small piece of the land in the backyard of the suit property along with the right of pathway to his vendor, Narasimhalu Chettiar, by way of sale.

2.2. The plaintiff's sister die

































































































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