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2004 Supreme(Mad) 861

P.SATHASIVAM, S.SARDAR ZACKRIA HUSSAIN
R. Deivanai Ammal (Died) & Another – Appellant
Versus
G. Meenakshi Ammal & Others – Respondent


Advocates Appeared: For The Appellants :AR.L. Sundaresan, Advocate. For The Respondents:R1, R3, R. Arunagirinathan, Advocates.

Judgment :-

P. Sathasivam, J.

Plaintiff in O.S.No.62 of 1985 on the file of Subordinate Judge, Sivaganga, against the dismissal of her suit has filed the above Appeal.

2. The suit was filed by the plaintiff/appellant herein praying for:

(a) partition of items 1 to 3 of plaint 'A' Schedule and 'B','C' and 'D' schedule properties into four equal shares and allotment of one share to the plaintiff and for partition of item 4 of 'A' schedule properties into 12 equal shares and to put the appellant in separate possession of one such share;

(b) for directing the defendants to render true and proper accounts for the income and expenses from the suit properties item 1 to 4 of 'A' schedule properties and pay plaintiff's share in the same towards past mesne profits; and

(c) to pay the plaintiff future mesne profits as may be fixed under Order XX Rule 12 C.P.C.

Since the suit was dismissed by the learned Subordinate Judge, the unsuccessful plaintiff has preferred the present appeal. For convenience the parties are referred as described before the trial Court.

3. The case of the plaintiff as set out in the plaint is briefly stated hereunder:

The plaintiff and the first defendant are daughters, and defe

















































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