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2000 Supreme(Mad) 792

K.NATARAJAN
Kanakaraj – Appellant
Versus
Sivakozhundu & Others – Respondent


Advocates:
Mrs. R. Meenal, for Appellant. T. Dhanyakumar, for Respondents.

Judgment :

1. For the sake of convenience, the parties will be referred to as per their rank in the trial court. The first defendant, Kanagaraj has preferred the second appeal against the concurrent findings of both the Courts below.

2. Theshort facts are:

Defendants 1 to 4 are the sons of one Manickka Gounder. Manickka Gounder owned 0.72 cents of land at Periya Babu Samuthiram Village by inheritance. The subject matter of the suit is Survey Nos.129/1 - 0.19 cents, 129/9 - 0.20 cents and 141/2 -0.3 1/2 cents, totalling 0.42 1/2 cents. According to the plaintiff the said property of 0.42 cents had been purchased from out of the income derived from the joint family land of 0.72 cents owned by Manickka Gounder. It is also his case that apart from the 0.72 cents, the joint family was owning cows and sheep and income was derived from that also. He had purchased the undivided 3/4th share of defendants 2 and 3 and another brother under the sale deeds, Exs.A.3 and A.2 respectively. The suit properties have been mortgaged to the fifth defendant and under the sale deeds, Exs.A.2 and A.3, he is liable to discharge the said mortgage. It is also alleged by the plaintiff that it is not the exclu








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