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1972 Supreme(Mad) 92

RAGHAVAN
Rangammal – Appellant
Versus
Minor Appasami – Respondent


Advocates:
R. Gopalaswami lyengar and M. Shrinivasan, for Appellant; R. N. Kothandaraman, for Respondent.

JUDGMENT :- The defendant is the appellant. The suit is for (1) a declaration that the decree in O. S. No. 344 of 1957 on the file of the District Munsif's Court, Pattukkottai, and the decrees in Appeals awarding 1/6th share to the 1st defendant herein are not binding on the plaintiff, (2) for a declaration, that the first defendant herein is entitled only to 1/12th share in the suit properties and (3) for a permanent injunction restraining the first defendant from taking further proceedings in pursuance of the decree passed in O. S. No. 344 of 1957 on the file of the District Munsif's Court, Pattukottai. One Appasami had two sons Ramasarni and Veeraswami. On the death of Appasami, his 1/3rd share in the joint family properties devolved on his widow Nagammal and the said two sons Ramaswami and Veerasami. Veerasami died leaving defendants 1 and 2, his widows and adopted son (plaintiff), whom he adopted on 27-4-1956 prior to his death. The plaintiff, as such adopted son of Veerasami became entitled to a half share in the 1/3rd share to which Veerasami was entitled. The remaining half share devolved on his widows, defendants 1 and 2.

2. The case of the plaintiff is that he is entitled











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