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1971 Supreme(Mad) 757

RAGHAVAN
B. N. Thiagarajan – Appellant
Versus
B. N. Sundaravelu – Respondent


Advocates:
D. Ramaswami lyengar and R. Krishnamachari, for Petitioners; G.N.R. Rao and P.V. Chalapathi Rao, for
Respondents.

Judgement

ORDER:- The plaintiffs and the third defendant in O.S. No. 27 of 1957 on the file of the Subordinate Judge, Salem, are the petitioners. The plaintiffs filed the above suit for partition by metes and bounds into six equal shares of items 1 to 17 in Schedule III or alternatively to direct a division by metes and bounds of all the items 1 to 59 in Schedule II in the plaint plus items 10, 11 and 12 of Schedule III as the case may be into six equal shares and for allotment of one such share to each of the plaintiffs and defendants 1 to 3. The above unfortunate litigation had a chequered career and this litigation has come upto this Court more than four times. The above revision arises out of I.A.431 of 1965 dated 31-3-1965 in O.S.27 of 1957 for appointment of a Commissioner for dividing items 1 to 7 of Schedule 2 in the plaint into six equal shares by metes and bounds with reference to good and bad quality and allotment of one such share to the petitioner therein with the necessary appurtenant rights etc. and to ascertain the mesne profits for the one-sixth share in the said items from 29-3-1965 to 1-4-1965 and the first defendant deposited a sum of Rs.10,000 in pursuance of th


















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