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2023 Supreme(Mad) 2925

N. SATHISH KUMAR
S. Palanichamy – Appellant
Versus
Nagajothi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T.M. Hariharan.
For the Respondent: H. Lakshmi Shankar.

JUDGMENT :

N. SATHISH KUMAR, J.

PRAYER: This Appeal Suit is filed under Section 96 of the Civil Procedure Code against the decree and judgment dated 31.03.1989 in O.S. No. 581 of 1987 on the file of the Subordinate Court, Madurai.

1. Aggrieved over dismissal of the suit filed by the plaintiff for recovery of possession and also the accounts, the present appeal came to be filed.

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

3. The brief facts, leading to the filing of this Appeal Suit, are as follows:

    (i) the suit property was purchased by the plaintiff by a registered sale deed, dated 01.02.1969 for a total consideration of Rs. 46,000/-. The defendants 5 to 8 are the tenants in the suit properties.

(ii) the plaintiff is the younger brother of Subramanian and Natarajan. The defendants 1 to 4 are the children of the said Subramanian. The said Subramanian was a lawyer by profession and he was practicing at Madurai. Suruliandi Asari is the father of the plaintiff. All of them were the members of the joint Hindu family. Apart from the joint family properties, Suruliandi Asari had a jewelry business on his own at Cumbum. The busine

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