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1973 Supreme(Mad) 315

ISMAIL, NATARAJAN
Guruswami Mudaliar – Appellant
Versus
Angaivarkanni Ammal – Respondent


Advocates:
P. Raghavaiah and M. Anantharama Mudaliar, for Appellant; T.C.A. Bhashyam, K. Raghavan and G. Krishnaswami, for Respondents.

Judgement

ISMAIL, J. :- The second defendant in O. S. No. 74 of 1962, on the file of the court of the Additional Subordinate Judge II, Chingleput is the appellant herein. There were two brothers by name Arunachala Mudaliar and Kandaswami Mudaliar and Arunachala Mudaliar died on 20-6-1944 leaving behind the plaintiff in the suit, his widow. Defendants 1 and 2 are the sons of Kandaswami Mudaliar. The third defendant is the widow of Kandaswami Mudaliar while the fourth defendant is the daughter of Kandaswami Mudaliar. Kandaswami Mudaliar himself died in the year 1956 leaving behind defendants 1 to 4 as his heirs. One Panchakshara Mudaliar son of Munuswami Mudaliar, junior paternal uncle of Kandaswami Mudaliar filed a suit for partition in O. S. No. 36 of 1940 and a preliminary decree was passed on 12-1-1948, and a final decree was passed on 17-1-1950. The suit properties which are covered by Schedules A to H are the properties that were allotted to the branch of Kandaswami Mudaliar and others in the said suit in O. S. No. 36 of 1946. The A Schedule property is a house property, while the B to H Schedule properties are agricultural lands. The suit was Instituted by the plaintiff as the





































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