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2006 Supreme(Mad) 1142

P.JYOTHIMANI
Nangammal & Others – Appellant
Versus
N. Desiyappan – Respondent


Advocates Appeared: For the Appellants:P. Sukumar, Advocate. For the Respondent:G.T. Govindarajavelu, Advocate.

Judgment :-

1. The unsuccessful plaintiffs in both the Courts below are the appellants in the Second Appeal. The plaintiffs filed the suit for partition, claiming 7/10th share to the property. The plaintiffs' case is that one Nanjunda Gounder was the owner of the property who died intestate on 7.11.1953, his wife the second defendant also subsequently died. The first defendant is his only son and the plaintiffs are daughters. Among the plaintiffs, the third and fourth plaintiffs are unmarried while the second defendant mother died on 8.8.1983. The Trial Court while holding that the property is an ancestral property, has granted 4/10th share to the plaintiffs. The First Appellate Court has confirmed the said decree and judgment. Against the concurrent findings by both the Courts, the plaintiffs have filed the present Appeal. While admitting the Second Appeal, this Court has raised the following substantial question of law:

"Whether the plaintiffs are entitled to 7/10th share as claimed by them by virtue of the Tamil Nadu Amendment to the Hindu Succession Act, brought into force in 1989".

2. The learned counsel for the appellants would submit that while it is held that the suit propert







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