N.SESHASAYEE
Rajammal – Appellant
Versus
Chinnathayee – Respondent
N. Seshasayee, J.
1. The plaintiff in a suit that she had filed for declaration of title over the plaint A-Schedule property and for consequential mandatory injunction seeking eviction of first defendant from plaint B-Schedule property which is part of A-Schedule property, has come forward with this appeal challenging the order of remand passed by the first appellate court.
2.1 The brief sketch of facts on which the plaintiff rests her cause for her action may be stated: Plaint A-Schedule property was purchased by one Rangappa Naicker on 06.8.1919 vide Ext. A3, sale deed. Rangappa Naicker's wife was one Rangammal, and sometime in the year 1931, she purchased another property adjacent to the property covered under Ext. A3. The couple had one son Rangasamy and five daughters, of whom their youngest daughter was one Rangammal (should not be confused with the wife of Rangappa Naicker). On 19.11.1962, Rangappa Naicker executed a Will under which he bequeathed A-Schedule property to his youngest daughter Rangammal (henceforth, she would be termed as legatee Rangammal to avoid confusion with her name sake, her mother). The legatee Rangammal married one Govindasamy and the couple h
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