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2018 Supreme(Mad) 1093

A.SELVAM, P.KALAIYARASAN
K. K. Lingan – Appellant
Versus
Hilary Cornell Young – Respondent


Advocates Appeared:
For the Appellant : S. Sundar
For the Respondents: Bijesh Thomas, M.S. Krishnan, M/s. Sarvabhauman Associates

JUDGMENT :

A. Selvam, J.

1. These Appeals Suits are directed against the judgment and decrees dated 27.8.2010, passed in O.S.No.14 of 2008, by the District Court, Nilgiris, Udagamandalam.

2. The appellant herein, as plaintiff, has instituted O.S.No.14 of 2008, on the file of the trial Court, for the relief’s of specific performance in pursuance of the sale agreement dated 26.5.1994 and also for perpetual injunction, wherein, the respondents 1 to 5 are arrayed as defendants.

3. The epitome of the averments made in the plaint are that the plaint 'A' Schedule property is the absolute property of one Lillian Cornell Brown, who passed away on 05.11.1960, leaving behind her a Will, dated 03.11.1960, wherein, she bequeathed 'A' schedule property in equal shares to Margery Anne Mathews, Jill Regina Mathews and Hilary Cornell Mathews. In pursuance of the said Will dated 03.11.1960, a probate petition has been filed in O.P.No.5 of 1961, wherein, it has been declared that all the three persons mentioned supra are each entitled to get 1/3 share in the suit 'A' Schedule property. On 06.11.1965, Margery Anne Mathews, on 20.11.1965 Jill Regina Mathews and on 11.11.1965 Hilary Cornell Mathews settled








































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