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2000 Supreme(Mad) 945

M.KARPAGAVINAYAGAM
Tmt. Lakshmiammal – Appellant
Versus
Ekambara Gounder and others – Respondent


Advocates:
V.Raja Narayanan, for Appellant.
K.T.Maheswaran, for Respondents.

JUDGMENT: The plaintiff is the appellant herein.

2. The plaintiff filed a suit against the defendants, the respondents herein in O.S.No.41 of 1989 on the file of Sub Court, Villupuram for partition and separate possession. The trial Court granted a preliminary decree for partition by its judgment dated 15.7.1992. The defendants, the respondents herein, aggrieved by the same, filed first appeal in A.S.No.120 of 1995 in the District Court, Villupuram. The lower appellate Court by its judgment dated 31.10.1995 partly allowed the appeal in respect of the Items 3 and 4, the dwelling houses are concerned, however confirmed the decree in favour of the plaintiff in respect of Items 1 and 2 are concerned. Feeling aggrieved by the dismissal of the suit in respect of dwelling houses, the present second appeal has been preferred by the plaintiff, the appellant herein.

3. According to the plaintiff, the suit properties are the self-acquired properties of one Murugesa Gounder, the father of the plaintiff. He had two sons and two daughters. The first daughter Lakshmi is the plaintiff, the second daughter is the sixth defendant, the first son is the first defendant and second son is one Mani. Since
















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