R.MALA
Thangam @ Chellammal – Appellant
Versus
Sivakami – Respondent
R. Mala, J.
The plaintiffs have has challenged the judgment and decree passed in A.S. No.128 of 2001 on the file of the Principal District Court, Nagercoil, by reversing the judgment and decree passed in O.S. No.307 of 1992 on the file of the Principal District Munsif Court, Nagercoil for the relief of declaration of title and for injunction.
2. The appellants as plaintiffs filed a suit for declaration and injunction stating that the property is self acquired property of one Sankarakumara Pillai. First defendant is the first wife of Sankarakumara Pillai and defendants 2 to 7 are his children born through his first wife. He also got married the first plaintiff on 07.03.1952. Out of their wedlock, the first plaintiff gave birth the second plaintiff and one daughter viz., Ushakumari. The said Ushakumari was given marriage. Sankarakumara Pillai was working as Sreekariem at Dewasom Board. He purchased the property in the year 1973 and he bequeathed the suit property on 02.09.1989 in favour of the plaintiffs. He died on 26.05.1991 and the Will came in to effect. While Sankarakumara Pillai was admitted in the hospital, he was forcibly taken by the relatives and if any document has
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