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2020 Supreme(Mad) 77

N.SATHISH KUMAR
A. Krishnammal (Died) – Appellant
Versus
Subbulakshmi – Respondent


Advocates Appeared:
For the Appearing Parties:Veera.Kathiravan, Senior Counsel for M/s.Veera Associates, S. Meenakshi Sundaram, Senior Counsel, R.T. Arivukumar, A. Arumugam, R. Mani Maran, D. Nalla Thambi, Advocates.

JUDGMENT

Aggrieved over the reversal finding of the first Appellate Court, declaring that the suit second schedule 1, 2, 3 and 6 item of the properties belong to the plaintiffs, the appeal in S.A.(MD)No.513 of 2013 came to be filed by the defendants 2 and 6 in O.S.No.109 of 2003.

2. Aggrieved over the concurrent finding of the Courts below, S.A.(MD)No.907 of 2013 is filed by the defendants 1, 3 and 5.

3. Both the appeal suits arose out of the judgment and decree passed in O.S.No.109 of 2003 on the file of the Sub Court, Ambasamudram.

4. For the sake of convenience, the parties are referred to herein, as per their ranking before the Trial Court.

5. The plaintiffs' case, in brief, is as follows:

The suit properties originally belonged to the husband of one Chellammal. The mother of the said Chellammal and the first plaintiff's mother were sisters. The first defendant is the sister's son of the first plaintiff. The husband of Chellammal died issueless and the first plaintiff has taken care of the said Chellammal. Chellammal has left the Will dated 21.10.1992 while in sound disposing state of mind in favour of the first plaintiff bequeathing the suit properties. Thereafter, the first plainti

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