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1994 Supreme(Mad) 815

ABDUL HADI, SAMPATH KUMARAN
Sarangapani and Others – Appellant
Versus
Varadhan and Others – Respondent


Appearing Advocates:S.V. Jayaraman, K. Sampath, Advocates.

Judgment :-

ABDUL HADI, J.

In the light of the arguments advanced, the short question mainly involved in this First Appeal by defendants 1 to 9, against the preliminary decree for partition of 4/14th share of the plaintiffs respondents 1 to 4 herern, granted in O.S. No. 26 of 1982 on the file of the Sub-Court, Villupuram, is whether one Kiliyambal ammal alias Kamalammal, who died in 1972, was the wife of Venugopal Pillai, who died in 1979 and whether the said respondents 1 to 4 herein are the legitimate children of the said Venugopal Pillai and Kiliyambalammal. Admittedly the tenth defendant, who died pending suit was the wife of the said Venugopal Pillai and the appellants are the children of the said Venugopal Pillai through her. The trial Court, accepting the plea of the plaintiffs and negativing the plea of the defendants 1 to 10 granted the preliminary decree prayed for in respect of suit 'A' schedule properties (lands and houses), items 1 to 3 of suit 'E' schedule properties (outstandings) and item 8 of 'C' schedule (Utensils) on the footing that the said Kiliyambal ammal was one of the wives of Venugopal Pillai and the plaintiffs were their children. After analysing the entir































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