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1988 Supreme(Mad) 214

SRINIVASAN
Vasantha – Appellant
Versus
Rathinasami – Respondent


ORDER

Srinivasan, J.

1. This appeal has been preferred by the plaintiffs in O.S. No. 455 of 1986, Sub Court, Thiruchirapalli, against an order dismissing their application for injunction restraining defendants 2 to 6 from described in schedules 'A' to 'D' in the plaint.

2. The appellants put forward the following case in the plaint: The suit properties described in schedules "A" to "E" of the plaint, excepting a few items, belonged ancestrally to one Sangalimuthu Kalathii Vendrar who died on 8-5-1986. He had two wives. The Junior wife died in 1964 and the senior died in 1984. The first plaintiff is the only daughter through the second wife while plaintiffs 2 and 3 are the daughters of his predeceased daughter through the first wife. The 1st defendant is another daughter through the first wife. The plaintiffs and the first defendant are the only heirs of the deceased propositus. The plaintiffs are entitled to 2/3rd share and the 1st defendant is entitled to the remaining l/3rd share. They are in joint possession of all the properties. Defendants 2 to 6 are the children of one Diraviyarn Ammal belonging to Koothadi caste who was a mistress of Sangilimuthu, but not exclusively kept. They





















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