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2017 Supreme(Mad) 4034

G.JAYACHANDRAN
Jagadambai – Appellant
Versus
Suresh Kumar – Respondent


Advocates Appeared:
For the Appellant :Mr. P. Guru Ramachandran, Advocate
For the Respondent:Mr. M.L. Ganesh, Advocate

JUDGMENT :

G. Jayachandran, J.

1. The plaintiff is the appellant before this Court. The suit was filed for declaration to declare that the plaintiff is the absolute owner of the suit property, the sale made in favour of the defendants 4 to 7 is void and to direct the defendants to deliver vacant possession of the suit property.

2. The case of the plaintiff before is that she is the widow of late B.M. Murugesan, who is the owner of the suit property. The said Murugesan died on 05.05.1994. After his death, as a sole legal heir of Murugesan, the plaintiff succeed to his estate. Due to matrimonial dispute, the said Murugesan deserted the plaintiff and therefore, she filed M.C. No. 282 of 1988 on the file of the learned Additional Family Court, Chennai and obtained an order dated 20.06.1990 for payment of maintenance at the rate of Rs.350/- per month, which was paid to her till April 1994. According to the plaintiff, after deserting her, her husband Murugesan resided along with the first defendant and taking advantage of the same, the first defendant had let out the schedule property to the defendants 2 and 3 and the rent thereof was collected by the first defendant. After the demise of B.




























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