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2004 Supreme(Mad) 760

S.SARDAR ZACKRIA HUSSAIN
Chellammal – Appellant
Versus
Venkitammal – Respondent


Advocates:
P.Valliappan, for M/s.Sarvabhuman Associates, for Petitioner.
M.M.Sundresh, for Respondent.

ORDER: The revision petitioner is the plaintiff in O.S.No.223 of 2000 on the file of the Sub Court, Bhavani. The revision is field against the dismissal of I.A.No.580 of 2002 to receive reply statement.

2. The plaintiff filed the suit on 13.11.2000 for declaration and permanent injunction in respect of the suit ‘A’ schedule property and for partition of half share in respect of the suit ‘B’ schedule property against her daughter-in-law. In the plaint it is averred that as per registered partition deed dated 3.2.1984, the suit ‘A’ schedule property was allotted to the share of the plaintiff and the suit ‘B’ schedule property was allotted to the share of Rangasamy, the husband of the defendant and on his death on 21.2.2000, as per his last Will dated 6.1.2000 the plaintiff is entitled to half share in the suit ‘B’ schedule property.

3. The suit was resisted by filing written statement on 2.11.2001, in which the defendant has set up a Will dated 11.8.1998 in her favour executed by her husband and she filed a suit O.S.No.209 of 2000 against his neighbours in the District Munsif Court, Bhavani and the suit after contest was decreed finding that the Will dated 11.8.1998 in her favour is pr








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