Advocates:
['M/S K KUMARAVEL', '', 'M/S R JANAKIRAMAN', 'V SUBRAMANI']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date: 02.04.2007

CORAM:

THE HON'BLE MR. JUSTICE P.JYOTHIMANI

Second Appeal No.733 of 1995

1.

Arukkani (died)

2.

Jayalakshmi

... Appellants/Appellants/Defendants

3.

Marappan

4.

Thangammal

Appellants 3 and 4 are brought on record as the

LRs of

the deceased 1^st appellant vide

order dated 11.06.1996

in C.M.P.No.694 of 1996

... Appellants

Vs.

Subramaniam

... Respondent/ Respondent/ Plaintiff

PRAYER: Second Appeal against the Judgment and decree of the

Subordinate Judge, Namakkal dated 28.01.1993 and made in A.S.No.51

of 1992 confirming the judgement and decree of the Court of the

Additional District Munsif of Namakkal dated 08.10.1991 and made in

O.S.No.1062 of 1986.

For Appellants

: Mr.N.Manoharan for

Mr.K.Kumaravel

For Respondent

: Mr.R.Saseetharan for

Mr.R.Janakiraman

J U D G M E N T

The unsuccessful defendants before the Courts below are the

appellants. The plaintiff filed the suit for declaration and

injunction in respect of the house property. Pending second appeal,

the first appellant died and her legal representatives were brought

on record as appellants 3 and 4. The plaintiff is the brother of

defen