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2017 Supreme(Mad) 4188

P.KALAIYARASAN
Kural Vendhan Natchatra Mary @ K. N. Mary – Appellant
Versus
Gunalan – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Amizhdhu
For the Defendants : Mr. C. Uma Shankar

JUDGMENT :

This suit has been filed seeking for a declaration that the Sale Deed dated 06.03.2009 as null and void and for consequential permanent injunction restraining the defendants 1 and 2 from making any improvement and also from preventing the plaintiff from entering the suit property as joint owner and also for mandatory injunction to the 3rd defendant to cancel the said Sale Deed.

2. The plaint averments are as follows :

The plaintiff got married to Kural Vendhan in the year 1973. Kural Vendhan has got three brothers, namely, Dr.Tamilarasu, Anbalan and Gunalan. Younger brother Gunalan is the 1st defendant and his daughter is the 2nd defendant. The suit property in Adyar was purchased under the Sale Deed dated 10.03.1982 in the name of the wives of the three brothers including the plaintiff. Therefore, the plaintiff is entitled to 1/3rd undivided share in the suit property. Plaintiff's husband Kural Vendhan passed away on 04.12.1997. The plaintiff is living separately in Trichy. She has been getting share in the rental income of the property through her elder brother-in-law Dr.Tamilarasu.

3. While so, in the month of February 2009, the 1st defendant and his wife Vasundhara Gunal







































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