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1999 Supreme(Mad) 767

K.P.SIVASUBRAMANIAM
D. V. Jaganathan and five others – Appellant
Versus
P. R. Srinivasan and five others – Respondent


Krishnamurthy, Senior Counsel, for M/s. N. Kannadasan & R. Rani, Advocate for Petitioner.Mr.N. Varadarajan, Mr.N. Balasubramaniam, Advocates for Respondents.

Judgment :

1. This Second Appeal is directed against the judgment of the learned II Additional City Civil Judge, Madras, in A.S.No. 286 of 1992 confirming the judgment of the learned 12th Assistant Judge, City Civil Court, Madras, in O.S.No. 6458 of 1986. The plaintiffs in the suit are the appellants in the above Second Appeal.

2. The plaintiffs prayed for partition of the suit properties by metes and bounds into five equal shares and to allot one such share to the plaintiffs, for past mesne profits from January, 1986 to June, 1986 at the rate of Rs. 150 per mensem and for future mesne profits at the same rate.

.3. According to the plaintiffs, the first defendant is the son of one C. Rajagopalachari who died in November, 1941 leaving behind him his widow Thangammal, his son the first defendant and four daughters, the defendants 2 to 4 and the mother of the plaintiffs 2 to 6. The said Rajagopalachari out of his own self earnings purchased the suit property and constructed a house and he had also inherited lands at Karai village, Kancheepuram. The first defendant is in possession and enjoyment of all the suit properties namely, the house and ground at Gopalapuram, more fully descr


















































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