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1988 Supreme(Mad) 45

SRINIVASAN
P. Poonammal – Appellant
Versus
Kanakavalli Srinivasan – Respondent


JUDGMENT

Srinivasan, J.

1. The controversy in this second appeal relates to the allotment of a half share in premises No. 56, Cathedral Road, Madras comprising 3 grounds and 1538 sq.ft. of land and a building thereon with a plinth area of 3876 sq.ft.

2. One Rajaram Pillai filed the suit, out of which these proceedings arise, for partition and separate possession of one half share and for recovery of a sum of Rs. 500 for his share of collections of rent and for an account of the income from the property against his son V. Ramamoorthy alias R.M. Kumar. A few months after the filing of the suit, the plaintiff sold his undivided half share in the property to one Puram Prakasa Rao under a registered sale deed dated 16.9.64 for a sum of Rs. 20,000. A preliminary decree was passed on 31.3.1966 granting one half share to the plaintiff and a sum of Rs. 500 for his share in rental collections. The defendant filed an appeal A.S. No. 399 of 1966 in this Court and during the pendency of the appeal, the plaintiff died on 10.11.1972. The purchaser of his undivided half share viz., Puram Prakasa Rao was brought on record as the legal representative of the deceased plaintiff on 22.3.1973. On the same























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