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1987 Supreme(Mad) 301

SATHIADEV, SIVASUBRAMANIAM
Mohan – Appellant
Versus
Santha Bai Ammal – Respondent


JUDGMENT

Sivasubramaniam, J.

1. The unsuccessful plaintiffs in O.S. No. 536 of 1978 on the file of the I Additional Subordinate Judge, Cuddalore are the appellants in this appeal. The respondents herein were the defendants in the said suit.

2. The appellants/plaintiffs filed the said suit for partition and separate possession of their 2/9th share in the suit properties and for future mesne profits. The material averments in the plaint are as follows : The properties described in the A and B schedules to the plaint are the absolute properties of Subbarayalu Naidu who died on 11-5-1978. The first defendant is his first wife. The defendants 2 and 3 are his sons and defendants 4 to 7 are his daughters. The plaintiffs 1 and 2, are the sons of Subbarayalu through his second wife Drowpathi. The marriage of Drowpathi, the mother of the Plaintiffs, with Subbarayalu took place at Thiruvendipuram in Devanatbaswami temple on 13-7-1952. The certified copy of the extract maintained by the Devasthanam is produced along with the plaint to show date of marriage. Even during the life time of Subbarayalu, the plaintiffs were living in a separate house and the defendants were living in another house. Sub


































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