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2024 Supreme(Online)(MAD) 23499

MADRAS HIGH COURT
MRS.A.RAJAMANI AMMAL (died) – Appellant
Versus
MR.A.DEVARAJAN – Respondent


JUDGMENT

This appeal suit has been filed challenging the Judgment and decree dated 29.10.2013 passed in O.S.No.162 of 2009 by the learned 3rd Additional District and Session Judge, Thiruvallur at Poonamallee, Chennai-600 056.

2. The defendants are the appellants and the plaintiffs are the respondents. The fifth respondent is the legal heir of the deceased first appellant. For the sake of convenience, the parties are referred to as per their ranking in the Trial Court.

3. The suit in O.S.No.162 of 2009 was filed for declaration and permanent injunction. The case of the plaintiffs is that the plaintiffs and the second defendant are the sons and daughter of one Alaganandam.

The first defendant is the wife of the said Alaganandam. The fifth respondent herein is another daughter of the said Alaganandam. The said Alaganandam had purchased the suit property by the registered sale deed dated 10.04.1980, out of his own income in the name of his wife viz., the first defendant. He had constructed a house out of his retirement benefits. He died on 19.12.1987. After his demise, they were continuously living in the suit property. The second defendant and the fifth respondent herein got married. Dur

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