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2023 Supreme(Online)(MAD) 1049

HIGH COURT OF MADRAS
Hon`ble Mr Justice S. SOUNTHAR
K. ADHIKESAVAN – Appellant
Versus
M.SASIKALA – Respondent


J U D G E M E N T

The defendants 2 to 6 in the suit are the appellants. The respondent/plaintiff filed a suit for declaration of title and recovery of possession. The suit was decreed in favour of the respondent/plaintiff. The first appeal filed by the appellants was dismissed by the First Appellate Court by confirming the findings of the Trial Court. Aggrieved by the concurrent findings against them, the appellants have come by way of this second appeal.

2. According to the respondent/plaintiff, the suit property originally belonged to Ganapathy Mudaliar. He died on 16.08.1943 leaving behind his son Viswanatha Mudaliar, his son's widow Annammal and A.K.Balasubramanya Mudaliar son of Visvanatha Mudaliar. The said Annammal wife of Viswanatha Mudaliar died on 16.08.1965 and one Saraswathy Ammal is the daughter of said Viswanatha Mudaliar. After death of Ganapathy Mudaliar and Annammal, A.K.Balasubramanya Mudaliar conveyed his portion in the suit property in favour of Saraswathy Ammal by a registered Sale Deed dated 12.10.1966 (Ex.A5). Thus, Saraswathy Ammal became absolute owner of the entire property.

Subsequently, the said Saraswathi Ammal by Settlement Deed dated 28.10.1988 (Ex.A10)

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