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2024 Supreme(Mad) 869

C. KUMARAPPAN
K. Saraswathy Ammal (Died) – Appellant
Versus
Kalyanasundaram – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ms.S.Mahalakshmi
For the Respondents:Mr.T.Murugamanickam Senior Advocate for Mr.T.Girish

JUDGMENT :

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

The plaintiff before the Trial Court is the appellant herein, and the defendants of the suit are arrayed as respondents herein.

2. For the sake of convenience, the parties will be referred to according to their litigative status before the Trial Court.

3. The brief facts, which give rise to the instant Second Appeal is that, the plaintiff and one Kanagasundaram are husband and wife. Due to matrimonial discord, they later separated While so, the said Kanagasundaram executed a settlement deed dated 12.09.1955 settling the suit property in favour of the plaintiff. It was recited in the settlement deed that the same will come into operation only from the date when both of them are actually getting divorce. In pursuance thereof, a dissolution of marriage deed was entered on 08.06.1957. As a result of which, the settlement deed dated 12.09.1955 become acted upon. According to the plaintiff, by virtue of the settlement deed and dissolution of marriage deed, the plaintiff became the absolute owner of the suit property. In the meanwhile, taking advantage of the plaintiff's absence in the suit property, the said Kanagasundaram has fraudulently and u

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