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2015 Supreme(Mad) 2153

R.MALA
Neelakandan – Appellant
Versus
Duraimuthu – Respondent


Advocates Appeared:
For the Appellant:R. Rajendra Kumar, Advocate.
For the Respondents:N. Ramanujam, Advocate.

Judgment :-

1. The second appeal arises out of the judgment and decree dated 09.01.2003 made in A.S.No.82 of 1997 on the file of the Fast Track Court, (Additional District Court) Kancheepuram, confirming the judgment and decree dated 28.02.1997 made in O.S.No.1204 of 1993 on the file of the Additional District Munsif Court, Kancheepuram.

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

(i) Originally, the house property belonged to one Natesa Mudaliar, the father of the plaintiffs 1 to 3 and husband of the fourth plaintiff and he purchased the same under registered sale deed dated 05.10.1953 for a valuable consideration of Rs.500/- from one Arumuga Mudaliar. Ever since from the date of sale deed, Natesa Mudaliar is in possession and enjoyment of the suit property, after his death, the plaintiffs herein are in possession and enjoyment of the same. The said Arumuga Mudaliar is none other than the father of the defendant herein.

(ii) The defendant seems to have transferred the adangal in his name in 1397 fasli without the knowledge of the plaintiffs by mis-representation.

(iii) The vendor Arumuga Mudaliar was a close relative of the plaintiffs (i.e.) sister's husband of Natesa Mudalia



























































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