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2016 Supreme(Mad) 2611

R.MALA
Kulandai Servai – Appellant
Versus
Kulandai – Respondent


Advocates Appeared:
For the Appellant : Mr. M.V. Krishnan.
For the Respondent: Mr. V. Sasikumar.

JUDGMENT :

R. MALA, J.

1. The legal heirs of the plaintiff, who lost the legal battle before both the Courts below have come forward with this second appeal against the judgment and decree of Principal District Judge, Dindigul, in A.S. No. 69 of 2000 dated 25.11.2003, confirming the judgment and decree in O.S. No. 1580 of 1996 on the file of the II Additional District Munsif, Dindigul.

2. The father of the appellants 2 to 5, as plaintiff, filed a suit for declaration of title and injunction restraining the defendants not to interfere the peaceful possession and enjoyment of the suit property in new S. No. 296/1 to the extent of 2 acres 59 cents, within the stated boundaries. The suit property is originally owned by one Duraisamy Servai, son of Pachai Servai, from whom, the plaintiff's mother, who is none other than the mother-in-law of the first defendant viz., Periyakkal @ Karuppayee Ammal, purchased under sale deed dated 02.09.1946. From the date of purchase, she enjoying the property. Periyakkal @ Karuppayee Ammal is having three children viz., Thonthi Servai, Veerasamy Servai and Kulanthai Servai. The first defendant is the wife of Thonthi Servai. Their children are defendants 2 t

















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