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1995 Supreme(Mad) 464

ABDUL HADI, A.R.LAKSHMANAN
Gurusamy Naicker and Others – Appellant
Versus
G. Jayaraman and Others – Respondent


Appearing Advocates:E. Padmanabhan, R. Gandhi, Sr. Counsel For M/s. R.G. Narendhiran, K.K. Senthil Velan, Suganthi, A. Ramanathan, Advocates.

Judgment :-

ABDUL HADI, J.

Defendants 1 to 7, 11 and 12 are the appellants in this first appeal against the preliminary decree for partition of the plaintiff 1st respondent's 1/10th share in the plaint scheduled properties (as against the plaintiff's claim for 1/9th share thereof). The Court below has also directed that the family debts has to be discharged out of the said properties and that the 1st defendant has to account for the profits from the said properties from 8-12-1981, the date of the suit notice.

2. There is no dispute regarding the following relationship between the parties: The 1st defendant is the father. He has two wives, the 1st wife being 9th defendant and the 2nd wife being 10th defendant. Both the wives are sisters, Through 9th defendant, the 1st defendant has six sons, the plaintiff, defendants 2 to 6, and 2 daughters, defendants 1 and 12. Through 10th defendant, the 1st defendant has two sons, viz., defendants 7 and 8 and one daughter, viz., 13th defendant. Thus, on the whole the 1st defendant has eight sons and three daughters. The suit properties are described in plaint A to F schedules. But, of these, D to F schedule properties are movable properties and the






















































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