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2006 Supreme(SC) 977

ALTAMAS KABIR, A.K.MATHUR
Govindammal – Appellant
Versus
R. Perumal Chettiar – Respondent


JUDGMENT

A.K. Mathur, J.—These appeals are directed against the judgment and order dated 30.12.1998 passed by learned Single Judge of the Madras High Court in Second Appeal No.2253 of 1986 and Second Appeal Nos.145 & 146 of 1988.

2. Brief facts giving rise to the present appeals are that the plaintiff filed a suit being O.S.No.409 of 1981 for partition and separate possession and also claimed for rendition of accounts. The plaintiff is the second wife of Raju Naidu. Raju Naidu married Rajakanthammal as his first wife and she died in or about 1946 leaving behind the defendant Nos. 1 & 2 as their sons and one daughter by name Saraswathi. After the death of his wife, Raju Naidu married second time to the plaintiff as the second wife. There was no issue from the second wife. Raju Naidu died intestate in 1954 and on his death the plaintiff and defendant Nos. 1 & 2 were the legal heirs to inherit the properties of Raju Naidu. ‘B’ schedule properties are the separate and self acquired properties of Raju Naidu. It is alleged that the plaintiff and Defendant Nos.1 & 2 lived amicably for sometime. Afterwards, the plaintiff started living separately and Defendant Nos.1 & 2 were giving her






















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