ISMAIL, NATARAJAN
Veerasekhara Varmarayar – Appellant
Versus
Amirthavalliammal – Respondent
ISMAIL, J. :- The first defendant in O. S. No. 187 of 1965 on the file of the Court of the learned Subordinate Judge, Cuddalore is the appellant herein. There was a joint Hindu family consisting of one Duraiswami Varamarayar and his three sons, Chandrasekhara Varamaravar, Gnanasekhara Varamaravar and Veerasekhara Varamarayar, the appellant herein. The father died about ten years prior to the institution of the suit. Thereafter the joint family continued comprising of the three brothers alone. Chandrasekhara died in the year 1964, survived by his widow, the 2nd defendant, and his children, defendants 3 to 7 in the suit. Later in November 1964, Gnanasekhara also died survived by his widow the 1st plaintiff and the only minor daughter the 2nd plaintiff. The suit was instituted by the two plaintiffs for partition and for recovery of mesne profits. Their case was that in the beginning of 1961, there was a division of the family properties as between the three brothers by the intervention of panchayatdars and a list was prepared allotting the properties to all the three brothers. According to the plaintiffs, the plaint A schedule properties were allotted to Chandrasekhara, the p
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