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1971 Supreme(Mad) 436

RAGHAVAN
Natarajan Asari – Appellant
Versus
Pichamuthu Asari – Respondent


Advocates:
P. Ananthakrishna Nair, for Appellant; R. Gopalaswamy Ayyangar, for Respondent.

Judgement

JUDGMENT:- The first defendant is the appellant. The suit is (1) for a declaration that the plaintiff is entitled to the western half of the suit property; (2) for rectification of the plaintiff's sale deed dated 1-8-1960, describing the property conveyed under it as the western half instead of the eastern half of the plaint property; (3) for recovery of the western half of the suit property from the first defendant; and for other reliefs.

2. The plaintiff's case is that one Perumal Asari originally owned the suit property, that he died about 30 years prior to the date of the plaint, leaving behind him two sons, Subbiah Asary and Velayudhan Asari, that the two .sons became divided in status even before 1117 M.E., and each became entitled to one half share in the property, the eastern half being taken by Velayudhan Asari, and the western half being taken by Subbiah Asari. The elder brother Subbiah died about the year 1118 M.E. leaving behind him his son Eswaramoorthi Asari and his wife Chandanam Ammal. The son died about 15 years prior to the date of plaint, with the result that Chandanam Ammal became the full and absolute owner of the half share in the suit property. The pl











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