G.JAYACHANDRAN
Chinnasamy (Deceased) – Appellant
Versus
Dhanabagyam @ Seethalakshmi – Respondent
The suit is for declaration, possession, mesne profit past and future. The second defendant is the appellant herein. He has filed this appeal aggrieved by the concurrent findings of the Court below.
2. The brief facts of the case is as follows:-
a. The suit was filed by one Nagaraja Manikkar and the legal heirs of Andiappa Manikkar. They were arrayed as plaintiffs 1 to 9 respectively against T.S. Subbaraya Manikkar and 9 others. Pending suit, the first appeal and the second appeal, many of the original contesting parties died and their legal heirs are arrayed as parties to the lis.
b. The suit properties originally belonged to one Chennanna Manikkar and Thirthagiri Manikkar. They both constitute Hindu Undivided Family (HUF) and they were enjoying the property jointly from 1913. Chennanna Manikkar died leaving behind his wife and two daughters. One of his daughter died in 1926 and his wife died in the year 1935. The sole heir of Chennanna Manikkar was his daughter Kalyaniammal, who lived till 1959.
c. Thirthagiri Manikkar, who was the brother of Chennanna Manikkar, died in the year 1939, leaving behind his wife Thangamuthuammal and his daughter Savithriammal. Thangamuthuammal
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