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1996 Supreme(Mad) 1101

RAJU
Antony Chelliah – Appellant
Versus
Mariyal and three others – Respondent


Appearing Advocates: Mr. R. Vijaykumar for Mr. T. R. Rajaram an for Appellant.

Judgment :-

1. The first defendant in O.S.No.36 of 1977 on the file of the District Munsif s Court, Kovilpatti, is the appellant in the above second appeal. The suit was filed for partition and separate possession of one-third share of the plaintiffs- respondents in the suit properties.

2. The case of the plaintiff before the trial Court was that the suit properties belonged to the joint family of the plaintiffs husband, plaintiff and defendants 1 to 3, the same having been purchased with the ancestral funds and no one else has got any exclusive right over the same. It was stated that they were in joint enjoyment of the properties and subsequently in the year 1967, some misunderstandings arose between the members of the family and since the plaintiff has become old, defendants 2 and 3 executed a settlement deed in respect of their two-third share in the suit items 1 and 3 in favour of the plaintiff, that there was a family arrangement between the plaintiff and the first defendant in pursuance of a mediation arid it was decided that the first defendant should manage the family properties and pay two-third share of the income from the same to the plaintiff, which arrangement was acce





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