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1964 Supreme(Mad) 352

SRINIVASAN
Karuppan – Appellant
Versus
Ponnarasu Ambalam – Respondent


Advocates:
T.R. Ramachandran, for Appellant; T.R. Srinivasan and C. Harikrishnan, for Respondent.

Judgement

JUDGMENT :- The property in dispute was purchased in 1901 in the name of one Senamuthan. It is not in dispute it was joint family property. Senamuthan had three other brothers and the defendant is the son of one such brother. Senamuthan died in 1952. His widow, Nagal, sold the property to her son-in-law, one Udayan, who in his turn sold the property to the plaintiff under Ex. A. 1 dated 31-8-1953. Basing his claim on this title deed the plaintiff sought for a declaration and possession of the property from the defendant. It was alleged by the plaintiff that in 1920 there had been a partition among the members of the family as a result of which this item of property had been allotted to Senamuthan. The defendant contended, on the other hand, that though there was a division in which the properties of the joint family were divided, this particular item of property alone had been left to be enjoyed in common. The further contention on behalf of the defendant was that Senamuthan left a grandson, one Palani, who would be entitled to a half share in the property along with Senamuthan's widow, Nagal, so that in any event, the title upon which the plaintiff relied was not valid ex








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