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2004 Supreme(Mad) 290

M.CHOCKALINGAM
Maruthachalam – Appellant
Versus
Balaraman & Others – Respondent


Advocates Appeared:For The Petitioner:Sriram, M.Loganathan, Advocate. For The Respondents:Chinnasamy Senior Counsel, S.Haja Mohideen, R1 to R5 No appearance R6 Gishi, Mr.N.Varadarajan for R7, R8 died R10 to R15 given up. Advocates.

Judgment :-

This judgment shall govern the two appeals. These two second appeals have arisen from the judgment of the learned Subordinate Judge, Coimbatore, made in A.S.No.7/90 dated 19.8.1991 wherein a common judgment was rendered. Those two appeals arises from the judgement of the Learned District Munsif, Coimbatore, made in O.S.No.2366 of 1989 and O.S.No.345/81 respectively in a suit for partition and recovery of possession.

2. The following are the necessary facts for the disposal of these appeals.

The plaintiffs and defendants 1 and 2 were the children of one Venkatachala Pannadi who died on 3.12.1979; that the said properties belong to the family ancestorally; that on his death the plaintiffs are entitled to 14/24th share and the rest to the defendants as the last succession; that the defendants 3 to 7 entered into different agreement of sale with Venkatachala Pannadi and the same would not be binding on the plaintiffs since they were not the parties to the same; that the defendants 3 to 7 pursuant to the said agreements have raised temporary sheds in the properties and they have also been in possession of the same; that under the said agreement, the defendants 3 to 7 could not














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