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2017 Supreme(Mad) 253

M.DURAISWAMY
S. Rajeswari – Appellant
Versus
N. Rasayee – Respondent


Advocates Appeared:
For the Appellants : G.R. Swaminathan
For the Respondents: S. Parthasarathy, K. Govindarajan

JUDGMENT :

1. Challenging the judgment and decree passed in A.S.No.12 of 2011, on the file of the Additional Subordinate Court, Karur, confirming the judgment and decree passed in O.S. No. 987 of 2005 on the file of the Principal District Munsif Court, Karur, the plaintiffs have filed the above Second Appeal.

2. The plaintiffs filed the suit in O.S.No.987 of 2005 to declare the registered sale deed dated 03.01.1994 in respect of the suit property executed by the defendants 1 to 5 in favour of the sixth defendant is null and void and consequently, directing the sixth defendant to surrender the possession of the suit property to the plaintiffs 3 to 6.

3. The brief case of the plaintiffs is as follows:

(i) According to the plaintiffs, the suit property is the selfacquired property of one Late Nallianna Goundar. The first defendant is the wife of the said Nallianna Goundar. The defendants 2 to 4 are his daughters and the fifth defendant is his son. The plaintiffs 1 and 2 are the daughters of the fifth defendant. On 23.09.1991, Nallianna Goundar and the first defendant executed a registered Will in favour of the plaintiffs 1 and 2. The said Will was duly executed and attested by the witness



































































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