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2006 Supreme(Mad) 2487

M.THANIKACHALAM
Pandurangam – Appellant
Versus
Annammal – Respondent


Appearing Advocates:For the Petitioner:Chitra Sampath, Advocate. For the Respondent:J.R.K. Bhavanantham for P.B. Ramanujam, Advocates.

Judgment :-

(Appeal filed under Section 100 C.P.C. against the Judgment and Decree dated 27.1.194 and made in A.S.No.105 of 1994 on the file of the District Court, Villupuram, confirming the Judgment and Decree dated 18.1.1990 made in O.S.No.152 of 1984 on the file of the District Munsif Court, Tindivanam.)

The unsuccessful defendant before the Courts below concurrently is the appellant.

2. The respondent as plaintiff filed the suit for partition and separate possession of her alleged ½ share in the suit properties on the following grounds: viz., that the suit properties originally belonged to one Thanappa Gounder as his self acquired properties, that he died intestate leaving a son by name Venkatachalam and a daughter by name Annammal as his heirs, that since the properties were owned by Thanappa Gounder as his self acquired properties, Annammal was entitled to ½ share, which she had sold to the plaintiff on 30.1.1984, that the defendant is enjoying the properties, having purchased the same, as if all the properties belonged to Venkatachalam, though Venkatachalam was entitled to only ½ share and that since the claim for partition was negatived, which should be considered by the Cou






























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