THANGAPPAN (DIED) Vs. KUMARASAMY
LAWS(MAD)-2017-1-185
HIGH COURT OF MADRAS
Decided on January 04,2017

Thangappan (Died) Appellant
VERSUS
KUMARASAMY Respondents


Referred Judgements :-

VIDHYADHAR VS. MANKIKRAO [REFERRED TO]
HERO VINOTH VS. SESHAMMAL [REFERRED TO]
P CHANDRASEKHARAN VS. S KANAKARAJAN [REFERRED TO]
BANU @ BANUMATHI VS. MUNIAMMAL [REFERRED TO]


JUDGEMENT

Mr. S.S. Sundar, J. - (1.)The plaintiffs in the suit in O.S. No. 1836 of 1984 are the appellants in this Second Appeal. The first appellant is the first plaintiff. Since the first appellant died during the pendency of this appeal, the appellants 4 and 5 are brought on record as Legal Representatives of the deceased first appellant.
(2.)The learned counsel for the appellants has filed a memo dated 21.12016 stating that the fifth appellant, who was impleaded as the Legal Representative of the deceased first appellant, also died on 28.01.2015. It is also stated in the memo that the fourth appellant is the only legal heir of the deceased fifth appellant. Hence, the memo is accepted by recording the fact that the fourth appellant is the legal heir of the deceased fifth appellant and that there is no abatement on the death of the fifth appellant.
(3.)The appellants filed a suit in O.S. No. 1836 of 1984 on the file of Additional District Munsif Court, Nagercoil, for declaration of title to the suit property and for recovery of possession from the defendant. The suit property is an extent of 641/2 cents on the northern side of 1 Acre 29 Cents in Survey No.2969 in 'A' Neendakarai Village, Agasteeswaram Taluk, Kanyakumari District.


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