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2006 Supreme(Mad) 298

K.MOHAN RAM
Govindaraj – Appellant
Versus
Ponnammal & Others – Respondent


Advocates Appeared:For the Petitioner:Veena, Advocate. For the Respondents:R1, R2, R4 & R5, Thirugnanam, Advocate.

Judgment :-

The above appeal is filed by the first defendant in O.S. No. 857 of 1989 on the file of the District Munsif Court, Thiruppur, who was the appellant in A.S. No. 17 of 1993 on the file of the, Sub-Court, Thiruppur.

2. For the sake of convenience, the parties are referred to as per their ranking in the suit.

3. The suit was filed by the plaintiff for partition and separate possession of her 1/5th share in the suit property and for a direction to defendants 5 to 8 to deposit their due rent for four months prior to filing of the suit and at the same rate every month in future also or to pay the plaintiffs 1/5th share of rents directly to the plaintiff.

4. The suit was decreed by the trial Court by a judgment and decree dated 29.1.1993. Aggrieved by that the first defendant filed an appeal in A.S. No.17 of 1993 before the Sub Court Thiruppur, which Court confirmed the judgment and decree of the trial Court and aggrieved by that the first defendant has filed the above second appeal.

5. The case of the plaintiff is as follows:

The suit property is the self-acquired property of one Segamalai Boyan, by virtue of his purchase of an extent of 2 ½ cents, under a Registered Sale Deed dat





































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