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1994 Supreme(Mad) 345

SWAMIDURAI
Ramachandra Naidu (died) and others – Appellant
Versus
Seshachala Naidu and others – Respondent


Advocates:
Appearing Parties:-----

Judgment :

The second defendant in O.S.No.130 of 1980 on the file of the learned Second Additional Subordinate Judge, Pondicherry, is the appellant. Plaintiffs 1 to 5 are the respondents. The suit is for partition and separate possession of l/4th share in the suit properties and for future mesne profits in the l/4th share. The case of the plaintiffs briefly stated is as follows: The suit properties in Setharapattu village were purchased by Doraisami Naidu and Chinnasamy Naidu under a registered sale deed dated 210. 1982. By reason of that sale deed, they became entitled each to an undivided half share in the properties. Duraisami Naidu died in 1944 leaving behind him his two daughters, namely Meenakshiammal (D-1) and Jayalakshmiammal who is now dead. Duraisami’s wife predeceased him and so Duraisami’s half share was inherited by the above said two daughters and they were in possession of the properties along with Ramachandra Naidu (D-2) son of late Chinnasami Naidu. Jayalakshmi’s husband is Seshachala Naidu (first plaintiff) and their sons and daughters are the plaintiff’s 2 to 5 herein. The first defendant and Jayalakshmiam exclusively. The defendants are entitled to 3/4th share wh
































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