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1998 Supreme(Mad) 678

ARUNA JAGADEESAN
Mariappa Gounder and two others – Appellant
Versus
V. Kandasamy and Others – Respondent


Mr.N. Thiagarajan, Advocate for Appellants. Mr.G.M. Nathan, for Mr.M.B. Domnique Advocates for Respondents.

Judgment :

1. The plaintiffs in O.S. No. 633 of 1983 on the file of the District Munsif, Pollachi are the appellants herein. They filed the suit for partition, to divide the properties into four equal shares and allot two such share to the plaintiffs. Their case is that the suit property originally belonged to their father. The defendants 1 and 2 are the brothers of the plaintiffs. Their mother one Thangammal filed the suit O.S. No. 185 of 1980 claiming maintenance against her husband, the father of the plaintiffs and the defendants 1 and

2. The said suit was ended in compromise. The father of the plaintiffs and the defendants 1 and 2 agreed to give the plaint A and B schedule properties in lieu of her maintenance, apart from paying a sum of Rs.2,500 towards arrears of maintenance and the court expenses. Pursuant to the said compromise decree, the mother of the plaintiffs and the defendants 1 and 2 were given possession of the said properties. Though a restricted life interest had been granted in favour of the mother under the compromise decree, she became a full owner pursuant to Section 14 (1) of the Hindu Succession Act. The plaintiffs and defendants 1 and 2 are equally entitled
































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