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1993 Supreme(Mad) 238

SRINIVASAN, THANGAMANI
K. V. Duraisamy and another – Appellant
Versus
D. Perumalsamy (Minor) and another – Respondent


Judgment :-

Thangamani, J.

Appellants K.V.Duraisamy and Pemmakkal in A.S.No.815 of 1981 are brother and sister. The first item of the subject matter of the appeal is the land measuring 5.70 acres in Survey No.68 of Pasur village. This land was purchased jointly by their mother Gengemmal and Pemmakkal under Ex.B-1 the sale deed dated 111. 1957. In the family partition between-first appellant Duraisamy and his brother Rangasamy under Ex.B-3 dated 210. 1966 a moiety of this land was allotted to the share of the first appellant. The remaining half was settled in his favour by sister Pemmakkal under Ex.B-4 dated 210. 1966. Respondents who are the minor sons of first appellant Duraisamy represented by their mother Rukkammal instituted O.S.No.98 of 1977 on the file of learned Subordinate Judge of Coimbatore for partition and separate possession of their 2/ 3rd shares in this item as well as items 2 and 3 described in the plaint. While the third item is movables, the second item comprises of an extent of 5.88, 2 acres in Survey Nos.72/1,4 and 5. These lands were purchased by the first appellant under Ex.B-31, dated 2a4.1974, Ex.B-32, dated 21. 1974, Ex.B-33, dated 3. 1971 and Ex.B-34, dated













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