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1998 Supreme(Mad) 382

S.S.SUBRAMANI
Kasthuri Naidu (Died) and Others – Appellant
Versus
N. Padmanabhan and Others – Respondent


Advocates:
M. Venkatachalapathy, Senior Counsel for Appellants. V.Manohar, for Respondents.

Judgment :

Plaintiff in O.S.No.1433 of 1980, on the file of Principal Subordinate Judge, Coimbatore, filed the Second Appeal. Subsequently he died, and his legal representatives, viz., appellants 2 to 7 have further prosecuted the second appeal.

2. Plaintiff filed the suit claiming half share in the plaint items which are described as B, C and D Schedules. A preliminary decree was passed only in respect of B Schedule. Regarding C and D Schedule items, the suit was dismissed. The matter was taken in appeal but without success. The concurrent judgments of both the courts below are challenged in this second appeal.

3. Plaintiff Kasthuri Naidu, first defendant’s father Narayanaswami Naidu and one Ramasami Naidu are the sons of one Sama Naidu. They constituted a Joint Hindu Family. Ramasami died issueless. His wife also pre-deceased him. That is why the plaintiff claims half share.

4. Under Ex.A-1, a settlement deed was executed by the uncle of Sama Naidu. He obtained the plaint B Schedule and Item No. 1 in C Schedule. Item No.2 of C schedule is a property purchased in a court auction sale dated 18. 1932, evidenced by Ex.A-2. The auction purchaser is late Narayanaswami, father of the f



















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