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2024 Supreme(Online)(MAD) 37031

HIGH COURT OF MADRAS
Hon`ble Mr.Justice P. VADAMALAI
MALLIKA – Appellant
Versus
P.MANOHARAN(died) – Respondent


JUDGMENT

This Second Appeal is preferred against the judgment and decree dated

22.09.2016 passed in A.S.No.38 of 2014 on the file of the Sub Court, Devakottai, reversing the judgment and decree dated 03.07.2014 passed in O.S.No.39 of 2010 on the file of the District Munsif Court, Devakottai. 2. The appellant is the defendant and the respondent is the plaintiff in O.S.No.39 of 2010 on the file of the District Munsif Court, Devakottai. The respondent/plaintiff has filed the suit for declaration that the suit property was purchased from the funds of plaintiff and directing the defendant to execute the sale deed in favour of the plaintiff.

3. For the sake of convenience, the parties are referred as plaintiff and defendant as arrayed in O.S.No.39 of 2010 on the file of the District Munsif Court, Devakottai.

4. Case of the plaintiff in brief:

The plaintiff and the defendant are husband and wife, they married on

12.04.1987 and they lived together from 1987 to 2008. Out of wedlock, one female child was born. The plaintiff was working in Dubai and used to send money to the defendant. The defendant has no income and she always depended on the plaintiff. The suit property was purchased in the name

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