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2020 Supreme(Mad) 969

N.SATHISH KUMAR
Gurusamy – Appellant
Versus
Palaniammal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : J. Barathan for T.R. Jeyapalam
For the Respondent: R. Suriya Narayanan

JUDGMENT :

N. Sathish Kumar, J.

1. Aggrieved over the judgment of the first Appellate Court reversing the Trial Court judgment and decree in the suit filed for recovery of possession and damages, the present Second Appeal is filed.

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

3. The brief facts leading to the filing of this appeal are as follows:

3.1. The plaintiff has purchased the suit property from the husband of the first defendant, by name Baluchamy @ Santhanam on 10.11.2000. In pursuant to the sale deed, the tax assessment was also transferred to his name. The second and third defendants are the daughters of the said Baluchamy @ Santhanam. The husband of the first defendant has executed a document on 10.11.1963 in favour of the first defendant regarding the suit property with a hope that she will look after the welfare of the said Baluchamy @ Santhanam. But, contrary to his expectation, the first defendant did not care for her husband and deserted him and left the matrimonial home and settled at Dindigul with the second defendant. However, the property was continued to be in possession and enjoyment of Baluchamy @

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