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2018 Supreme(Mad) 4269

S.S.SUNDAR
MOKKAMAYA THEVAR – Appellant
Versus
RAJAMANI PILLAI – Respondent


Advocates Appeared:
For the Appellant :Mr. A. Arumugam, Advocate for M/s. Ajmal Associates
For the Respondent: Mr. R. Balakrishnan, Adv.

JUDGMENT :

S.S. Sundar, J.

The defendant in the suit in O.S.No.361 of 1991 on the file of the District Munsif Court, Periyakulam is the appellant in this appeal.

2. The respondents 1 to 4 in this appeal as plaintiffs filed the suit in O.S.No.361 of 1991 before the District Munsif Court, Periyakulam, for a declaration that the suit property belongs to the plaintiffs and for the consequential relief to direct the defendant to deliver possession of the suit property to the plaintiffs.

3. The original plaintiff died during the pendency of the suit and respondents were impleaded as the legal heirs of the plaintiff. The case of the plaintiffs in the plaint are as follows:

3.1. The suit property belonged to the mother of the first plaintiff, who was the sole plaintiff, when the suit was filed. The first plaintiff's mother out of love and affection, executed a gift deed in favour of the first plaintiff on 07.07.1975 under a registered document. The gift deed was irrevocable and that the first plaintiff took possession of the property. Patta was also changed in the name of first plaintiff. Since the first plaintiff was a public servant, he stayed away from the suit property and it was under the
































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