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2000 Supreme(Mad) 553

K.P.SIVASUBRAMANIAM
Devendran and others – Appellant
Versus
Munuswamy Reddiar (died) and others – Respondent


Advocates:
Mrs. Pushpa Sathyanarayanan, Advocate for Appellants. Mr. R.G.
Narendhiran, Advocate for Respondent Nos.2 to 7 and Mrs. Latha Maheswari, Advocate for
Respondent Nos.8 to 10.

Judgment :

1. This second appeal is directed against the judgment of the learned Subordinate Judge, Vellore, in A.S.No.93 of 1984 reversing the judgment of the learned District Munsif, Vellore, in O.S.No.1189 of 1981. Plaintiffs in the suit are the appellants in the above second appeal.

2. The suit was filed for cancelling a registered sale deed dated 30.5.1968 so far as it relates to the right, title, interest of the plaintiffs, to direct division of the suit properties into six equal shares and allot three such shares to the plaintiffs for appointing a Commissioner to divide the property and for the enquiry into the mesne profits under Order 20, Rule 12, C.P.C. According to the plaintiff, the schedule mentioned property originally belonged to Venugopal Reddiar, father of the plaintiffs who died intestate in the year 1966 leaving behind his widow, mother of the plaintiff, Loganathan, brother of the plaintiffs, Vasantha - sister of the plaintiffs and the plaintiffs as his heirs at law who had inherited the property. The plaintiffs and the said Loganathan, Vasantha and their mother Thanjammal are equally entitled to the plaint schedule property as co-owners. The plaintiffs are enti









































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