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1998 Supreme(Mad) 600

K.P.SIVASUBRAMANIAM
A. Alphonese and another – Appellant
Versus
Vincent and & others – Respondent


Appearing Advocates:Mr. R. Srinivasan, Advocate for Appellants. Mrs. Hemalatha, Advocate for Respondents.

Judgment :-

1. This second appeal arises out of the judgment of the learned Additional District Judge, Tiruchirapalli in A.S. No. 95 of 1983 dated 31.8.84, in confirming that of the learned Sub-Judge, Tiruchirapalli in O.S. No. 203 of 1981, dated 28.4.1982.

2. The plaintiffs are the appellants in the above second appeal.

3. The suit was filed for decree for partition of the properties described in the Schedules A and B metes and bounds and to put the plaintiffs in possession of their 2/6th share, for directing the first defendant to deliver possession of 'C’ schedule property and for mesne profits to be determined under Order 20, Rule 12, C.P.C. The plaintiffs claim that the properties described in schedule A belonged to one Sowrimuthu who died in 1942 leaving behind him his only son, Anthonysamy and that the plaintiffs and the defendants 1 to 4 are the children of Anthonysamy Pillai. It is further pleaded that the heirs of Anthonysamy Pillai are entitled to 1/6th share in the 'A' schedule property and the plaintiffs are entitled to 2/6th share. The properties described in 'B' schedule belonged to plaintiff’s mother Adaikala Mary, wife of Anthonysamy Pillai, that she died on 20.5.1














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