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1997 Supreme(Mad) 509

S.S.SUBRAMANI
N. Rajammal (Died) and another – Appellant
Versus
P. Maragathammal & Others – Respondent


Advocates:
V.T.Gopalan, Senior Counsel for M/s.Damodaran and another for Appellants. K.Doraisami, Senior Counsel for Respondent Nos. 1 to 5. R.Janakiraman, for Respondent Nos. 6 to 11. D.Rajendran, for Respondent No.13.

Judgment :

Plaintiff in O.S.No.57 of 1990, on the file of Subordinate Judge, Tiruppur, is the first appellant.

2. Suit filed by her was one for partition claiming one-fifth share in the plaint schedule items and also to direct the defendants to put her in possession of the share so allotted. Consequent relief as to payment of profits was also sought for. She also prayed for costs of suit.

3. Material averments in the plaint may be summarised as follows:

Plaintiff and defendants 1 to 4 are sisters, being daughters of late Appasami Naidu. All the schedule items belong to Appasami Naidu either ancestral or by purchase. He had no male issues. With a view to escape from the provisions of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, and also to avoid surrendering surplus lands to the Government, Appasami Naidu brought about a partition deed dated 30.9.1970 between himself, plaintiff and defendants 1 to 4. Under this partition, Appasami Naidu purported to divide all his properties, treating them as joint properties of himself and his daughters. Separate schedule of properties were given regarding allotment to Appasami Naidu and all his daughters. Proceedings were




































































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