LAWS(MAD)-2022-10-224

S.P.ANANDAN Vs. S.C.HARIBABU

Decided On October 12, 2022
S.P.Anandan Appellant
V/S
S.C.Haribabu Respondents

JUDGEMENT

(1.) This Appeal suit is laid by the aggrieved plaintiffs challenging the dismissal of the suit filed by them in O.S.No.14807 of 2010 by a Judgment and Decree dtd. 1/3/2013, on the file of the XIX - Additional City Civil Court, Chennai.

(2.) For the sake of convenience, the parties are referred to as per the array of parties in the original suit.

(3.) The suit property being an extent of 2616 Sq.ft and in Door No.733-A, Anna Salai, Chennai 600 006, was in occupation of the plaintiffs' ancestors since 1941. Originally, one Mr.S.Venkatarayalu(since deceased), was in occupation of the suit property. Thereafter, his son Sailendra Parthasarathy(since deceased) was in occupation of the suit property. The said Sailendra Parthasarathy was married to one Kanthamma(since deceased), and through her, he got one son, by name S.P.Chinnaiah(since deceased). The said S.P.Chinnaiah had four sons, namely S.C.Hari Babu, S.C.Amarnath, S.C.Jayakumar and S.C.Ramesh, who were arrayed as defendants Nos.1 to 4 in the suit. After the demise of his wife Kanthamma, the said Sailendra Parthasarathy, again got married to the sister of his first wife, again by the name Kanthamma(since deceased), and through the second wife, he had got two children, namely S.P.Anandan, (the first plaintiff), S.P.Neelkandan, who died leaving behind his son, S.N.Sridharan (the second plaintiff), and S.P.Dhanalakshmi, (who died as a spinster), and the plaintiffs alone are her legal heirs.