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2005 Supreme(Mad) 787

M.KARPAGAVINAYAGAM
Pappayammal – Appellant
Versus
Palanisamy & Others – Respondent


Advocates Appeared: For The Appellant:S.V. Jayaraman, Senior Counsel for N. Manokaran. For The Respondents:R1, M. Duraisamy, Advocate, R3, V.K. Muthusamy, Senior Counsel for V. Bharathidasan.

Judgment :-

Pappayammal, appellant herein, filed a suit for partition and separate possession against the defendants 1 and 2 and the said suit was dismissed. Aggrieved by the said dismissal, she filed an appeal before the lower appellate Court, which, in turn, confirmed the same and dismissed the appeal. Hence, this Second Appeal, as against the concurrent judgments.

2. The case of the plaintiff is as follows:

One Kuppanna Gounder purchased two items of the suit property under Ex.B-1, dated 14.12.1932, and Ex.B-2, dated 19.07.1934 respectively. The said Kuppanna Gounder had two wives, namely, Muthammal and Sellammal. He got a son through his first wife, Muthammal, by name Duraisamy Gounder. After the death of Muthammal, Kuppanna Gounder married Sellammal, the second defendant, through whom, the first defendant Palanisamy was born. The said Kuppanna Gounder died on 30.07.1939, leaving behind his son Duraisamy Gounder, born through his first wife Muthammal, and the second wife Sellammal, the second defendant, and her son Palanisamy, the first defendant. The plaintiff Pappayammal is the wife of the said Duraisamy Gounder. In the year 1956, there was a partition through the deed Ex.B-22,










































































































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