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1980 Supreme(Mad) 11

SATHIADEV
Sundaramoorthy – Appellant
Versus
Shanmugha Nadar – Respondent


Judgement

JUDGEMENT :- The plaintiffs are the appellants. They filed the suit in forma pauperis for partition and separate possession of their half share in A schedule properties and for recovery of past and future profits. In the plaint, they claim that the properties mentioned in A sch. originally belonged to Subbammal, maternal grandmother of plaintiffs 1 and 2 and defendants 7 and 9 and she executed a registered Will on 13-5-1948 bequeathing the properties to her grandsons and appointing their mother as guardian and therefore each one of them secured one fourth there in the suit properties. The first plaintiff attained majority in May 1965 and the second plaintiff is still a minor. It is on attaining majority, the first plaintiff realised that the suit properties are in the possession of defendants 1 to 6 and 8, and therefore, the suit has been laid for the reliefs prayed for therein.

2. Fifth defendant filed a written statement adopted by defendants 6 and 8, claiming that they have purchased items 6 and 7 in A schedule for Rs. 5000 from defendants 7 and 9, and plaintiffs 1 and 2 represented by their mother and guardian Bagiammal under sale deed dated 27-7-1980, and all the debts















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