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1998 Supreme(Mad) 390

S.S.SUBRAMANI
Muniappa Naciker – Appellant
Versus
Balakrishna Naicker – Respondent


Advocates:
T.V.Balakrishnan, for Appellant. C.K.Prasanna, for Respondent.

Judgment :

Defendant in O.S.No.476 of 1974, on the file of District Munsif’s Court, Kallakkurichi, is the appellant.

2. Plaintiff and defendant are brothers, and they are the sons of Thulasi Naicker. It is the case of the plaintiff that he acquired the plaint schedule properties under Exx.A.1 to A.25, between the period 1943 to 1967 and the defendant is interfering with his possession. It is also the plaintiff’s case that all the properties are his self-acquisitions, and his father died only about ten years prior to the institution of the suit and he was managing the family. It is his further case that he is doing business even from his young age, in paddy, groundnut, gingelly and jaggery, and out of the income earned from the business, he was in a position to acquire all these items. None of these items are family properties, nor were they purchased from out of the family income, nor was he the manager at that time. The family had only two items of properties, i.e., Ac. 1-43 cents of punja land and Ac.0.74 cents of nanja lands. The income from the joint family properties was hardly sufficient for the maintenance of the family. There was no surplus income. Plaintiff did not purchas































































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