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2003 Supreme(Mad) 397

K.GNANAPRAKASAM
Alamelu Ammal – Appellant
Versus
Govindasamy Naicker – Respondent


Advocates Appeared:For the Petitioner:Mrs.C.R.Rukmani, Advocate. For the Respondents: Mr. T.V.Ramanujam, SC.

Judgment :-

1.The 1st appellant is the plaintiff and the 2nd appellant was ordered to be impleaded.

2.The plaintiff's suit is one for declaration and for permanent injunction. The plaintiff's case is that the suit property originally belonged to the plaintiff's father, Natesa Pillai, who had three daughters, viz. (1) Ponnammal, (2) Visalakshi and (3) Alamelu, the plaintiff herein. Natesa Pillai died in 1976. The plaintiff and her eldest sister Visalakshi partitioned the properties, left by Natesa Pillai, as per the compromise decree passed in OS.No.41 of 1976, on the file of the Sub Court, Chingleput, where under, the properties are divided as follows:-

Natesa Pillai's eldest daughter Ponnammal and her son Radhakrishnan were residing away from the suit Village and during the life time of Natesa Pillai, on their insistence, cash representing her 1/3rd share in the properties was given to her about 25 years back and therefore, Ponnammal and her son Radhakrishnan had no right in those properties. Ponnammal died thereafter. Visalakshi and the plaintiff had sold 1 acre 58 cents in S.No.239/3 and S.No.239/4 to Pattammal, under the sale deed dated 25.3.1977 and the said sale deed was attest


























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