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1973 Supreme(Mad) 274

ISMAIL, NATARAJAN
Venkatesan – Appellant
Versus
Neelayathakshiammal – Respondent


Advocates:
D. Ramaswami Iyengar and R. Krishnamachari, for Appellant; v. Shyamalam and M. R. Narayanaswami, for Respondents.

Judgement

ISMAIL, J. :- The plaintiff in O. S. No. 94 of 1963 on the file of the Court of the Subordinate Judge of Cuddalore is the appellant herein. One Govindaraja Gounder had three sons by name Bhoovarahasami, Dhanapal and Janardhanan. Dhanapal died in 1944 leaving behind his widow, the third defendant, and two sons, fourth defendant and the plaintiff. Janardhanan also died leaving behind his widow the 5th defendant, as well as the only son, the 6th defendant in the suit Bhoovarahasami sold the suit properties under Ex. B-1 dated 27-1-1945 to one Natesa Iyer for Rs. 19,000. That deed was executed by Bhoovarahasami for himself, as father and guardian of his son, the 2nd defendant, and as guardian of his nephews, the 4th defendant, the plaintiff and the 6th defendant, who were all minors on the date of Ex. B-1. After this the 3rd defendant as the next friend of the plaintiff and the 4th defendant instituted O. S. 81 of 1950 on the file of the 'District Court, South Arcot, for partition of the family properties. The plaint in that suit showed the suit properties in the present suit as 'F' Schedule. A certified copy of the plaint has been marked as Ex. B-2 in these proceedings. After



































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