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2022 Supreme(Online)(MAD) 42553

HIGH COURT OF MADRAS
Hon`ble Mr.Justice N.SESHASAYEE
GANDHI AMMAL(DIED) – Appellant
Versus
AMMATCHI @ KOOTHADICHI – Respondent


J U D G M E N T

1.1 The plaintiff in O.S.No.147 of 1993 on the file of the District Munsif's Court, Shencottah, has filed the present Second Appeal. The suit was laid originally as O.S.No.563 of 1989 before the District Munsif's Court, Tenkasi, and it was later transferred to the District Munsif's Court, Shencottah and re-numbered as O.S.No.147 of 1993. For narrative convenience, the parties would be referred to as per their rank before the trial Court.

1.2 The suit was laid for a decree against the second defendant claiming right of pre-emption under Section 22 of the Hindu Succession Act vis-a-vis the suit property. The suit was decreed by the trial Court and in A.S.No.28 of 1996 filed by the first defendant before the Subordinate Court, Tenkasi, there was a reversal in fortune for the plaintiff.

2. The facts may be briefly stated:

 A certain Subbammal had purchased the property in two schedules Vide a sale deed dated 18.03.1948. It comprises of residential buildings bearing Door Nos.95 and 95A.

 Subbammal had two daughters. They are Gandhi Ammal, the plaintiff herein and Ammachi @ Koothadichi, the first defendant.

 While so, Gandhi Ammal was given in marriage to certain Arumuga Ko

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