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2006 Supreme(Mad) 49

P.JYOTHIMANI
Thangammal (died) by LRs & Others – Appellant
Versus
V. Ramasamy – Respondent


Advocates Appeared: For the Appellants:Pushpa Sathyanarayanan, Advocate. For the Respondent:Goviganesan, Advocate.

Judgment :-

(Second Appeal filed against the judgment and decree dated 22.7.1993 and made in A.S.No.95 of 1991 on the file of the Principal Subordinate Judge, Coimbatore, confirming the judgment and decree dated 8.1.1991 made in O.S.No.1828 of 1989 on the file of the III Additional District Munsif Court, Coimbatore.)

The unsuccessful defendants in both the courts below are the appellants in this second appeal. The plaintiff, V. Ramasamy has filed a suit for declaration and possession in respect of the suit property apart from seeking mesne profits. According to the plaintiff, he is the only son of Venkatrama Gounder who had pre-deceased wife Karuppakkal and Venkatrama Gounder died on 12.1.1984. In a partition deed between Venkatrama Gounder and his brothers dated 5.10.1951, the suit properties were allotted to Venkatrama Gounder. The plaintiff by virtue of his birth is entitled for half share and after the death of Venkatrama Gounder, the plaintiff has inherited his another half share and therefore, he has become entitled to the entire suit property

2. It is the further case of the plaintiff that after the death of his mother, taking advantage of the fact that his father Venkatrama G









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