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2022 Supreme(Online)(MAD) 254

HIGH COURT OF MADRAS
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
ANNADURAI – Appellant
Versus
GANESAN – Respondent


J U D G M E N T

This Second Appeal is focused as against the judgment and decree dated 07.04.2011 passed in A.S.No.91 of 2010 by the learned Principal Subordinate Judge, Mayiladuthurai, reversing the judgment and decree dated 22.02.2010 in O.S.No.373 of 2004 passed by the learned Principal District Munsif, Mayiladuthurai.

2. The suit is for recovery of possession, directing the defendant, to surrender possession of the entire suit properties.

3. For the sake of convenience, hereinafter the parties are referred to, as per their litigative status before the trial Court. 4. The laconic averments made in the plaint, are as follows:

[i] The suit schedule properties originally belongs to one Dharmalingam, who has died on 26.08.1998. When he was alive, he executed a Will dated 10.08.1998, through which, he bequeathed the entire suit properties to the plaintiff. The defendant Annadurai is the brother of the plaintiff Ganesan. Apart from the plaintiff and the defendant, the deceased Dharmalingam, blessed with 3 daughters. The marriage of the three(3) daughters were celebrated by the plaintiff alone. The marriage of the defendant was also met by the plaintiff. After the marriage, the defendant

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