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2016 Supreme(Mad) 3030

A.SELVAM, P.KALAIYARASAN
D. Dhanasekaran – Appellant
Versus
V. Damodharan (Died) – Respondent


Advocates Appeared:
For the Appellant : Mr. R.Subramanian
For the Respondent: Mr. A.Elango

JUDGMENT :

P.KALAIYARASAN, J.

This Original Side Appeal is directed against the Judgment and Decree, dated 19.08.2006 of the learned single Judge made in C.S.No.701 of 2003.

2. The appellant is the first defendant. The first respondent passed away during the pendency of the appeal and his legal heirs have already been on record as respondents 2 to 5.

3. The plaint averments are as follows :

(i) The first respondent/plaintiff Damodharan married Jayalakshmi and they got three sons and two daughters, who are defendants 1 to 5. The plaintiff in his early days with great difficulties looked after the affairs of his entire family. He started his own business in 1962 by purchasing kerosene in open market and selling in retail by carrying the same in hand cart without any license. In the year 1973, the defendants 1 and 2 who had not shown any interest in their education were introduced in the plaintiff's business and they got license for selling kerosene. Thereafter, in the year 1980, the plaintiff started a provision store. The third defendant also joined with the plaintiff in his business of provision store in 1984. The plaintiff from his income purchased the suit property in 1980 for a valua









































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