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2020 Supreme(SC) 17

S.ABDUL NAZEER, DEEPAK GUPTA
M. Arumugam – Appellant
Versus
Ammaniammal – Respondent


Advocates Appeared:
For the Appellant(s) :Jayanth Muth Raj, Roy Abraham, Malvika J., P. V. Dinesh, Advocates
For the Respondent(s):V. Prabhakar, Jyoti Parasher, N.J. Ramachandar, Revathy Raghavan, Advocates

JUDGMENT :

Deepak Gupta, J.

1. One Moola Gounder along with his two sons Palanisamy (defendant no. 1) and Arumugam (defendant no. 2) formed a coparcenary which owned the suit property. Moola Gounder died intestate on 28.12.1971 leaving behind no Will. On his death, 1/3 of the property went to each son and remaining one third which was the share of Moola Gounder in the coparcenary was to be inherited by his wife (defendant no. 5), two sons, (defendant nos. 1 and 2) and three daughters viz. the plaintiff and defendant nos. 3 and 4.

2. On 06.12.1989, his youngest daughter filed a suit claiming that the property falling to the share of Moola Gounder which was to be inherited by his six legal heirs had never been partitioned and therefore, it be partitioned in accordance with law. Written statement was filed by the two sons in which it was mentioned that after the death of Moola Gounder, the daughters i.e. the plaintiff and defendant nos. 3 and 4 and the mother (defendant no. 5) had jointly executed a registered release deed relinquishing their rights in the property in favour of the two sons, defendant nos. 1 and 2. It was also urged that in the said release deed the plaintiff who was a m


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