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1987 Supreme(Mad) 356

MOHAN
Pavayammal – Appellant
Versus
Devanna Goundar – Respondent


JUDGMENT

Mohan, J.

1. The appeal arises out of O.S.No. 1217 of 1980 on the file of the learned Subordinate Judge of Salem, in which the respondent herein prayed for partition of his one half share in the suit schedule properties and allotment of one such share to him with possession. The case of the plaintiff-respondent was as follows:

By a sale deed dated 13.3.1964 the plaint A Schedule property came to be purchased jointly in the names of the plaintiff and the defendant from one Narasiammal and others. Similarly, on 7.3.1966 the plaintiff and the defendant jointly purchased the B schedule property from one Sathan Bibi Ammal. From the date of those purchase the plaintiff and the defendant are being in enjoyment of the properties. However, for the sake of convenience, they are separately enjoying portions of the properties by separate cultivation without any division by metes and bounds. By the joint efforts of both parties the house in the A schedule land was constructed seven years ago at a cost of Rs. 15,000. Adjoining that house there are two sheds put up by the plaintiff. The plaintiff is occupying a portion of the house and the two sheds and the remaining portion of the terraced























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