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2024 Supreme(Online)(MAD) 8563

HIGH COURT OF MADRAS
Honourable Mr.Justice G.ARUL MURUGAN
HAMSAVANI(died) – Appellant
Versus
NALINI W/O.P.KESAVAN VADUGATHI – Respondent


J U D G M E N T

The 1st defendant in the suit is before this Court in this second appeal.

Pending appeal, the 1st defendant/sole appellant died and therefore his legal heirs are brought on record as appellants A2 to A6. The plaintiff in the suit is the 1st respondent herein. The 2nd defendant is the 2nd respondent.

2. This second appeal has been filed challenging the judgment and decree dated 28.07.2004 made in A.S. No. 70 of 2003 on the file of the Sub Court, Tirupattur, Vellore District reversing the judgment and decree dated 26.09.2003 made in O.S. No. 221 of 1997 on the file of the District Munsif Court, Ambur, Vellore District.

3. For the sake of convenience, the parties are referred as per the ranking before the trial Court.

4. According to the plaintiff, the suit property originally belonged to one K.S. Subramaniam who settled the property to his daughter Patchaiyammal through a registered settlement deed dated 05.07.1947 marked as Ex.A1. There upon the said Patchaiyammal was in possession and enjoyment of the property. Thereafter, the plaintiff purchased the suit property from the said Patchaiyammal and others by means of registered sale deed on 30.01.1995 marked as Ex.A2 and in

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