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2018 Supreme(Mad) 2341

T.RAVINDRAN
Valliammal – Appellant
Versus
Sakunthala – Respondent


Advocates Appeared:
For the Appellants : Mr. J.Murugamanickam for Mr. P.T. Ramadevi
For the Respondents: Mr. S. Parthasarathy for Mr. Vimalkumar

JUDGMENT :

Challenge, in these second appeals, is made to the Judgement and Decree dated 25.11.2003 passed in A.S.Nos.160 & 161 of 2002 respectively on the file of the First Additional District Court, Erode confirming the Judgment and Decree dated 18.07.2002 passed in O.S.Nos.286 of 1999 & 136 of 1993 respectively on the file of the First Additional Subordinate Court, Erode.

2. The second appeals have been admitted on the following substantial questions of law;

“(i). In the face of the recitals found in the title deeds relating to the property in question and the oral evidence of the plaintiff, which is in total corroboration to the recitals in the title deed itself, which clearly establishes that the property in question is the separate acquisition of Muthusamy Gounder, has not the lower appellate Court committed an illegality in reversing the finding contrary to the evidence on record?

(ii). If the property is held to be self-acquired property of Muthusamy Gounder, would the Release Deed, relied upon by the defendants to exclude the plaintiff from the line of succession, be legal?

(iii). Is the finding of the Courts below that the Will has been duly proved is contrary to the evidence






















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