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1998 Supreme(Mad) 584

S.M.ABDUL WAHAB
K. R. Sathyanarayana Rao and Another – Appellant
Versus
K. R. Venkoba Rao and Others – Respondent


Appearing Advocates:R. Singaravelan, M/s. T. Ananthi, M. N. Padmanabhan, Sr. Counsel, S. Krishna Ramadev, (For No. 1), T. R. Rajaraman, N. M. Muthumumaran (For Nos. 2, 3, 5 To 7), K. Surendranath (For No. 4), Advocates.

Judgment :-

This appeal is against the judgment and decree of the learned III additional Judge, City Civil Court, Madras, in A. S. No. 117 of 1991, dated 18-3-1993, reversing the judgment and decree of the XII Assistant Judge, City Civil Court, Madras, dated 22-2-1990 in O. S. No. 5149 of 1983.

2. Defendants 2 and 8 are the appellants. The eighth defendant is the wife of the second defendant.

3. The first respondent filed the suit for declaration that the properties in Schedules A to D are joint family properties of the plaintiff and defendants 1 to 7 and the business mentioned in E to H Schedules belongs to the family and for partition and separate possession of 1/7th share to the plaintiff in them.

4. According to the first respondent/plaintiff, plaintiff and defendants 2 to 7 are sons and daughters of the deceased K. S. Ramachandra Rao. The first defendant is the mother. Ramachandra Rao came to Madras in the year 1920 and started a business in the year 1927 at No. 184 (Old No. 272), NSC Bose Road, Madras-1, mentioned in the E Schedule. In the year 1945 he started the business in crackers. In the year 1955, he obtained licence for the said business in the name of the second defendan

































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