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1997 Supreme(Mad) 1481

S.M.ABDUL WAHAB
S. Mariappan (died) and others – Appellant
Versus
M. Madasamy – Respondent


Advocates:
Mr. A. Sankarasubramanian Advocate for Appellants. Mr. N. Muralikumaran for Respondents.

Judgment :

1. The unsuccessful defendant is the appellant in this second appeal.

2. The suit O.S.No. 209 of 1984 on the file of Subordinate Judge, Tuticorin was filed by the plaintiff who claims to be the son of the deceased defendant, Mariappan, who died after the disposal of the first appeal A.S.No.120 of 1989 and before the filing of the Second appeal before this Court.

3. According to the plaintiff he and his father the first defendant constituted a joint family. There was joint family nucleus and with the help of the income from the nucleus the properties were purchased in the name of the defendant. His mother was also employed and the income earned by the mother of the plaintiff was also utilised for purchasing the properties. According to him the first schedule formed part of the joint family property. The second schedule property was purchased in the name of the first defendant, third schedule properties were purchased in the name of the mother of the first defendant, and the fourth schedule properties were movable properties. The mother of the plaintiff died on 24. 1973. The first defendant and the plaintiff were the only heirs. The plaintiff continued to live with the















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