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2004 Supreme(Mad) 333

K.GOVINDARAJAN, N.KANNADASAN
Viswanathan & Another – Appellant
Versus
Savarimouthurayan & Others – Respondent


Advocates Appeared:For The Petitioner:G.Masilamani, Senior Counsel, M/s.G.M.Mani Associates, in all cases. For The Respondents:S.V.Jayaraman, Senior counsel, T.R.Rajaraman, R1 to R3 in & R2 & R4 in R11, R.Subramanian, for in all cases. G.Jawaharlal for R10 in all cases. Advocate.

Judgment :-

N.Kannadasan,J.

Defendants 3 and 4 who are the purchasers from Oubegaranadin (1st defendant), the father of the plaintiffs filed the above Appeals having aggrieved by the common judgment and decree of the learned single Judge in A.S.No.1052/1986 and 355/1987 and Cross Objection in A.S.No.1052/1986.

2. The property originally belonged to Maria Soosai Mudaliar who is the father of the 1st defendant, Oubegaranadin. Under Ex.B2, the said Mariyasoosai Mudaliar donated 'A' schedule property in favour of his grandsons, namely, plaintiffs, reserving the life interest for the first defendant and Simon, his another son. On 23.10.1953, Mariasoosai Mudaliar died. Thereafter the 1st defendant and his brother Simon divided the properties by a partition deed dated 9.4.1959 marked as Ex.A4. Pursuant to Ex.A1 Parivarthanai deed, the entire 'B' schedule house property came to the 1st defendant. Thereafter under Ex.A5 dated 15.3.1971, a partition was effected between the 1st defendant and his wife and the plaintiffs, his minor sons. The 1st defendant filed a suit in O.S.No.70/1974 impleading the plaintiffs represented by their mother, to declare that he is the absolute owner of the propert






































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