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2022 Supreme(Online)(MAD) 1769

HIGH COURT OF MADRAS
Hon`ble Mr.Justice R. VIJAYAKUMAR
N.P.V.RAMAMURTHY (*) DIED – Appellant
Versus
YOGALAYA MITHRA SANGHAM – Respondent


JUDGMENT

The plaintiff is the appellant herein.

2. The plaintiff filed O.S.No.408 of 1995 before the Principal District Munsif's Court, Kumbakonam, for declaration that the first plaintiff and after him plaintiffs 2 and 3 are entitled to manage the affairs of "Yoga School Friends Society" and for consequential injunction, restraining the defendants, their men from any way interfering with the affairs of the society housed in the building. The suit was decreed by the trial Court. The defendants filed A.S.No.93 of 2000 before the Additional Sub Court, Kumbakonam. The learned Additional Subordinate Judge was pleased to allow the appeal and dismissed the suit. As against the same, the present Second Appeal has been filed by the plaintiff.

3. The plaintiff has contended that the suit schedule property was originally purchased by his father on 21.09.1936 under Exhibit A1. On 21.06.1937 under Exhibit A4, he executed a Will in favour of his wife and the plaintiff. The "A" Schedule property in the said Will were bequeathed in favour of his wife and after her life time, it was absolutely given in favour of the plaintiff. As far as the "B" Schedule property is concerned, the same was bequeathed

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