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2004 Supreme(Mad) 484

K.GNANAPRAKASAM
Arasa Kumar and another – Appellant
Versus
Nallammal and others – Respondent


Advocates:
Mrs. P. Bagyalakshmi, Advocate for M/s. Parekhkumar and K. Hema
Karthikeyan, Advocate for Petitioners. Mr. B. Ramesh Babu, Advocate for 1st and 2nd Respondents;
Mr. A.V. Radhakrishnan, Advocate for 3rd Respondent.

Judgment :

1. Therevision petitioners are the plaintiffs.

2. The plaintiffs filed the suit for partition of the suit properties and allotment of 6/12 shares to the plaintiffs.

3. The plaintiffs’ case is that they are brother and sister, and the 2nd defendant is the another brother of the plaintiffs and they are all sons and daughter of Siddhaiyan and Nallammal, the first defendant. Though the suit properties stand in the name of the first defendant, the same had been impressed with and treated as the joint family properties of the first plaintiff, the 2nd defendant and their father, Siddhaiyan, the plain tiffs and the defendants 1 and 2 and the father of the plaintiffs have been treating the suit properties as the joint family properties and in fact, they have also executed a registered mortgage in favour of Salem Fairlands House Building Society for availing house building loan. Siddhaiyan died intestate and therefore, the first plaintiff and the 2nd defendant are the surviving coparceners of the suit properties. The 2nd plaintiff and the first defendant, who are daughter and wife of the deceased, Siddhaiyan are also entitled to their respective shares in the suit properties. Wh




































































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