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1990 Supreme(Mad) 415

SRINIVASAN
Muthusamy Gounder – Appellant
Versus
Janakiraman (insane person), S/o. Nataraja Gounder and others – Respondent


Appearing Advocates:V.Nicholas, Advocate for Appellant. R.Gandhi for M.Kandasamy and K.Ravichandra Babu, for Respondent No.1.

Judgment :-

For the sake of convenience, I am adopting the rank of the parties as in the appeal. The appellant was the first defendant in the suit out of which the appeal has The first respondent was the plaintiff and respondents 2 and 3 were defendants 2.

2. The suit relates to three Schedules of properties. A Schedule comprises of two Schedule relates to certain houses and C. Schedule to certain lands. The first respondent prayed for a declaration of his title over the A Schedule properties and for delivery possession of item No.1 thereof and for injunction restraining the appellant from interfering with his possession and enjoyment of item No.2 thereof. The prayer with reference Schedule was for a division of the same into nine equal shares and for allotment shares to the first respondent. With reference to the C Schedule, the prayer was for and separate allotment of l/4th share. There was also a prayer for mesne profits reference to A Schedule and C Schedule properties. The first respondent, the appellant the third respondent are brothers. The first respondent; was described as an insane and the suit was instituted by his wife as next friend. The case of the first respondent tha



















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