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2022 Supreme(Mad) 3786

K. MURALI SHANKAR
K. Kalaiyarasu Sylvaster – Appellant
Versus
Vadivammal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.S.Meenakshi Sundaram Senior Counsel for Mr.R.Manimaran
For the Respondents: Mr.H.Arumugam

JUDGMENT :

PRAYER : Appeal Suit filed under Section 96 of the Code of Civil Procedure against the Judgment and Decree, passed in O.S.No.37 of 2009, on the file of II Additional District Court, Thoothukudi, dated 28.02.2014.

The Appeal Suit is directed against the judgment and decree passed in O.S.No.37 of 2009, dated 28.02.2014, on the file of II Additional District Court, Thoothukudi.

2. The gist of the plaint is as follows:

(a) One Periya Yeman Kudumban purchased the suit properties vide two sale deeds dated 15.02.1900 and 06.01.1910 and since then he had been in possession and enjoyment of the same. He died intestate leaving behind his two sons viz., Periya Sudalaimadan and Perumal and both of them inherited all the properties. Periya Sudalaimadan died leaving behind his only son Santhana Kudumban and whereas his brother Perumal died leaving behind his only son Andi and both of them have become the owners of the suit properties. Santha Kudumban died leaving behind his only son Arunachalam, whereas Andi had died in or about 1954 leaving behind his three sons viz., Pandaram, Arumugam and Puthiyavan as his legal heirs. All the three sons of Andi remained in possession and enjoyment of

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