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1977 Supreme(Mad) 70

RAMAPRASADA RAO, RATNAVEL PANDIAN
Kumaraswami Gounder – Appellant
Versus
Subba Gounder – Respondent


Advocates:
Ramalingam, for Appellants; Varadarajan, for Respondents.

Judgement

RAMAPRASADA RAO, J.:- Defendants 2 to 4 and 6 to 9 in O. S. No. 17 of 1965 on the file of the Subordinate Judge of Coimbatore, are the appellants. The plaintiffs came to court for a partition and separate possession of their half share in the suit properties under the following circumstances. Kandaswami Gounder is the common ancestor. He had two sons, Nanjappa Gounder, the first defendant and Palani Gounder, the first plaintiff. His other son Subba Gounder died as a bachelor in 1959. Palaniammal is his daughter. The first defendant, who is the eldest son who died pending suit is herein represented by his legal representatives, defendants 2 to 10. In fact, it is the second defendant who is contesting the action. Plaintiffs 2, 3 and 4 are the sons and daughter of the first plaintiff. The fifth plaintiff is the wife of the first plaintiff and the 4th plaintiff is the wife of the 1st defendant. The plaintiffs' case is that Kandaswami Gounder died in Adi 1955. Prior to the Hindu Succession Act of 1956 and that, therefore, Palaniammal, the daughter of Kandaswami Gounder cannot be reckoned as a sharer to the estate of Kandaswami Gounder. The plaintiffs' contention is that after t





























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