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2021 Supreme(Mad) 2107

R.HEMALATHA
G. Jayaraman – Appellant
Versus
R. Vasudevan – Respondent


Advocates:
Advocate Appeared:
For the Appellants :T.S. Baskaran, Advocate.
For the Respondents:V. Raghavachari, Advocate.

JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of CPC, 1908 against the decree and judgment dated 14.03.2006 passed in A.S. No.8 of 2005, on the file of the Principal District Judge, Erode, upholding the decree and judgment dated 10.08.2004 passed in O.S. No.95 of 2002, on the file of the Subordinate Court, Tharapuram.)

The appellants in the present second appeal are the defendants 6,9,10 & 14 in O.S.No.95 of 2002 on the file of the Subordinate Judge, Dharapuram, Thiruppur District.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial court and in appropriate places, their ranking in the present appeal would also be indicated.

3. The case of the plaintiffs is as follows:

The suit property originally belonged to Palaniappa Chettiar through a registered sale deed dated 02.05.1918 (Ex.A1). Palaniappa Chettiar had six children namely Chinnammal, Kamatchi Ammal, Muthu Raja, Gurusamy, Chinnasamy and Valliammal. The first daughter Chinnammal and her husband Marudamuthu died intestate without any issues. Palaniaapa Chettiar died on 08.04.1967 intestate and his wife pre-deceased him. Therefore the suit property devolved upon Kamatchi Ammal, Mut

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