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2020 Supreme(Mad) 1112

G.K.ILANTHIRAIYAN
Balakrishnamurthy (Died) – Appellant
Versus
Nataraja Padayachi (Died) – Respondent


Advocates Appeared:
For the Appellants : Mr. S.V. Jayaraman, Senior Counsel for Mr. R. Balasubramanian.
For the Respondents: Mr. S. Krishnasamy.

JUDGMENT :

Prayer : This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 31.07.1997 made in A.S.No.188 of 1990 on the file of the Subordinate Court, Ariyalur, reversing the judgment and decree dated 24.07.1990 made in O.S.No.138 of 1984 on the file of the District Munsif Court, Jayakondan.

This second appeal is directed as against the judgment and decree dated dated 31.07.1997 made in A.S.No.188 of 1990 on the file of the Subordinate Court, Ariyalur, reversing the judgment and decree dated 24.07.1990 made in O.S.No.138 of 1984 on the file of the District Munsif Court, Jayakondan.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

3. The case of the plaintiff in brief is as follows :-

    3.1. The suit is filed for declaration and injunction. The plaintiff and the second defendant are the sons of one Virudhachala Padayachi. When the plaintiff was minor, his father died and as such the third defendant, who is the mother of the plaintiff was managed and looked after the property belonged to their father. On 14.09.1980, the plaintiff married one Valarmathi. In fact, there was an oral family

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