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1971 Supreme(Mad) 150

SADASIVAM, V.RAMASWAMI
Thayammal-died – Appellant
Versus
Salammal – Respondent


Advocates:
R. Gopalaswami Iyengar and R.G. Ranjan, for Appellants; K.S. Naidu, A. Venkatachalam, D. Ramaswami Iyengar, R. Krishnamachari, P.V. Subramaniam, P.R. Varadarajan, P.S, Balakrishna Iyer, P.S, Ramachandran, K. Venkataseshadri, K.N. Balasubramaniam and M. Srinivasan, for Respondents.

Judgement

V. RAMASWAMI, J.:- The 7th defendant is the appellant. The suit was filed by the plaintiffs for partition and separate possession of their share in the suit properties. In order to appreciate the point that arises in the appeal it is necessary to set out the relationship of parties to the suit. One Kuppu Naidu had four sons by name Balakrishna Naidu, Kesava Naidu. Rangaswami Naidu and Krishnaswami Naidu. Kesava Naidu and Rangaswami Naidu died issueless. The 7th defendant is the widow of Kesava Naidu, Balakrishna Naidu died leaving two sons Venkatuchala Naidu and Sami Naidu. Venkataehala Naidu died in 1948. The first plaintiff is the widow of Venkatachala and the second plaintiff is the daughter by another wife of Venkatachala. Sami Naidu is the first defendant in the suit, and his son through the first wife is the second defendant, and his second wife is the sixth defendant. Krishnaswami Naidu died leaving his son, the third defendant and grandsons, the fourth and fifth defendants. In the suit the first plaintiff claimed one-fourth share in the plaint B schedule properties, which are the joint family properties of plaintiffs and defendants 1 to 6 and half share in the plai














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