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1998 Supreme(Mad) 202

S.S.SUBRAMANI
Mrs. Chinna Pillai and Another – Appellant
Versus
Sellammal (died) and Others – Respondent


Advocates:
V.Swaminathan, for Appellants in S.A.Nos.877 and 878 of 1983 and for Respondent Nos,3 and 5 in S.A.No.878 of 1983 and Respondent Nos.4 to 6 in S.A.No.877 of 1983.K. Sarvabhauman, for Appellant, in S.A.No.251 of 1984. Miss.Asha, for Respondent.

Judgment :

All those second appeals arise out of the same suit viz. O.S.No.774 of 1979, on the file of District Munsif at Ariyalur. The relevant facts for the purpose of our case may be summarised thus:

"All the plaint items originally belonged to one Poomalai Konar who died in the year 1955. His widow Sellammal is the plaintiff in the suit, who claimed partition of 2/3rd share over the plaint items. It is the case of the plaintiff that out of her marriage with Poomalai, Saminatha Konar was born, who died in the year 1970. 1st defendant is the widow of Saminatha and 2nd defendant was a minor daughter born to them. It is further averred by the plaintiff that apart from Saminatha, Poomalai had one more daughter by name Panchavarnam. It is her case that on the death of Poomalai, she became entitled to one half of the plaint items and on the death of Saminatha over his one half share in the suit items she is entitled to l/3rd share altogether 2/3rd right in the plaint items. She demanded partition. She also alleged that defendants 1 and 2 who are the widow and daughter of Saminatha are alienating the properties, as if the properties are absolutely belonging to them only, and therefore,











































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