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2024 Supreme(Online)(MAD) 23772

HIGH COURT OF MADRAS
Honourable Mr.Justice R.SAKTHIVEL
MADALAR MUTHU -died – Appellant
Versus
SIVAGAMI AMMAL(DIED) – Respondent


COMMON JUDGMENT

These Second Appeals are directed against the common judgment and decree dated March 26, 2002, passed in A.S.No.25 of 2001 and A.S.No.43 of 2001 by the 'learned Subordinate Judge, Mettur' [henceforth 'First Appellate Court' for the sake of brevity] confirming the common judgment and decree dated April 23, 2001 passed in O.S.No.262 of 1991 and O.S.No.68 of 1998, by the 'learned District Munsif, Mettur' [henceforth 'Trial Court' for the sake of brevity].

2.The appellants no.(1) to (4) herein are the defendants no.(1) to (4) in O.S.No.262 of 1991 and O.S.No.68 of 1998. The respondents herein are the plaintiffs in the said Suits. For the sake of convenience, henceforth, the parties herein will be referred to as per their array in the Suits.

3.The case of the plaintiffs is as follows:

3.1.The suit properties were ancestral properties allotted to R.S.Kandasamy in a partition among his brothers. On and after the said partition, R.S.Kandasamy was enjoying the suit properties. R.S.Kandasamy married the first plaintiff namely, Sivagamiammal according to their caste customs and rituals in the year 1943. Hence, the first plaintiff is the legally wedded wife of Late R.S.Kandasamy. N

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