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1980 Supreme(Mad) 253

S.NATARAJAN
Manickam Alias Manickavasagam – Appellant
Versus
Ramaswamy Gounder – Respondent


JUDGMENT

S. Natarajan, J.

1. Defendants 1 to 9, 11 to 15, 17 to 25, 27 to 35 and 38 to 40, in the trial Court, respondents 41 to 43(legal representatives of the deceased 10th respondent) and respondents 44 and 45(legal representatives of the 16th respondent) in the lower appellate Court are the appellants. The plaintiff (first respondent herein) filed this suit, O.S. No. 978 of 1971 on the file of the Court of the District Munsif, Dindigul, for declaration of title and injunction in respect of the plaint A Schedule properties, failing which, for partition of his one-eighth share in the total extent of properties comprised in plaint Schedules A and B and for equitable allotment of the A Schedule portion to him. The District Munsiff declined to grant the first of the prayers and held that the plaintiff was entitled only to a decree for partition, but even there, he was not entitled to equities in his favour in the matter of the allotment of the A Schedule portion to him. Not satisfied with the decree passed in his favour the plaintiff preferred A.S. No. 134 of 1973 to the Subordinate Judge, Dindigul to reiterate his claim for declaration and injunction in respect of the A Schedule prop







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