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2003 Supreme(Mad) 1172

M.THANIKACHALAM
Rangasami – Appellant
Versus
Kasiappa Gounder & Others – Respondent


Advocates Appeared:For the Petitioner:Mr. K. Kuppusamy, Advocate. For the Respondents:Mr. P.V. Ramachandran, Advocate.

Judgment :-

The plaintiff succeeded before the trial Court in a suit for partition and other related reliefs; but failed to sustain the same, when the same was questioned by the defendants before the first appellate Court and the result is this appeal.

2. The plaintiff is the son of the first defendant, by name Kasiappa Gounder, through his second wife, Valliammal. The second defendant/respondent is the wife of Kasiappa Gounder, the first defendant and their daughter is the third defendant. The suit properties belonged to the first defendant as his joint family properties.

3. The plaintiff/appellant contending that he is the son of the first defendant, claimed ½ share in the suit properties, alleging that the suit properties belonged to the plaintiff and the first defendant as joint family properties and therefore, by virtue of birth, probably as coparcener, he would be entitled to ½ share.

4. The defendants opposed the claim, urging that the plaintiff is not the son of the first defendant and if at all, he is the illegitimate son of the first defendant through his second wife, Valliammal and the position being so, he is not entitled to ½ share in the suit properties, while the firs























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