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2017 Supreme(Mad) 3767

S.S.SUNDAR
Rosal – Appellant
Versus
Selvaraj (Died) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S. Ramesh
For the Respondents: K. Sreekumaran Nair, C. Raja Kumar

JUDGMENT :

1. The first defendant in the suit in O.S.No.12 of 1986 is the appellant in the above appeal.

2. The first respondent herein is the plaintiff in the suit in O.S.No.12 of 1986 on the file of the Sub Court, Padmanabhapuram. The first respondent, as plaintiff, filed the suit for declaring that the document gift deed dated 27.04.1982 alleged to have been executed by Late Ponniah Nadar, is void or alternatively to set aside the said document dated 27.04.1982.

3. The case of the plaintiff is that the suit property is the ancestral property of the plaintiff and his father Late Ponniah Nadar. It is the further case of the plaintiff that he had filed a suit earlier in O.S.No.381 of 1976 on the file of the District Munisif Court, Padmanabhapuram, for partition of the joint family properties including the suit properties and that the suit was decreed for partition of his ½ share in the properties described as “A” and “B” schedule in the earlier suit.

4. The specific case of the first respondent is that his father was old and sick and that he was completely under the influence of the first defendant and her husband before his death. It is stated by the first respondent that he was const





























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