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2022 Supreme(Online)(MAD) 2917

HIGH COURT OF MADRAS
Hon`ble Mr.Justice G.R.SWAMINATHAN
VISWANATHAN – Appellant
Versus
SYAMALA – Respondent


JUDGMENT

The plaintiff in O.S No.210 of 2003 on the file of the II Additional District Munsif Court, Kuzhithurai is the appellant in this second appeal. The case of the plaintiff is that the suit property originally belonged to one Gnanaprakasam. Following his demise, it devolved on his son Muthan Sabarimuthan. The said Muthan Sabarimuthan married one Thirasammal. Thirasammal obtained maintenance decree against Muthan Sabarimuthan in O.S No.385 of 1984. She filed EP No.8 of 1990 for enforcing the decree. The suit property was sold in court auction sale. The plaintiff purchased the same. Sale deed was executed and delivery was taken on 22.01.1998. Since the second wife and children of the said Muthan Sabarimuthan were interfering with the plaintiff's possession and enjoyment, the present suit came to be laid. Muthan Sabarimuthan was also shown as the fourth defendant. In order to have a comprehensive relief, the suit for declaration of title and possession and consequential enjoyment was filed. Muthan Sabarimuthan remained exparte while his second wife and children contested the suit. They filed written statement claiming that the property belonged to Sesumariyayi, the mother of Muth

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