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1996 Supreme(Mad) 1032

GOVARDHAN
Varadaraja Pillai – Appellant
Versus
Muthusamy Pillai and Others – Respondent


Advocates:
V.Prabhakar, for Petitioner. S.Seetharaman and B.Mani, Government Advocate, for Respondents.

Judgment :

The revision petitioner is the plaintiff in O.S.No.1 19 of 1995 on the file of the Sub Court, Tindivanam.

2. The averments in the plaint are briefly as follows. The first defendant is the father and defendants 2 and 3 are the brothers of the plaintiff. They constitute an undivided Hindu joint family, which owned the suit properties. Plaintiff and defendants are in joint possession and enjoyment of the same. The first defendant was acting as the manager of the joint family and managing the properties on behalf of his sons, he has been paying kist and in possession of the property for himself and on behalf of all the plaintiff and defendants 2 and 3. All of them are entitled to l/4th share in the suit properties. The plaintiff is a cardiac patient. He is both weak physically and mentally! He cannot attend to his normal life and was depending upon his father and brothers always. The defendants represented to the plaintiff that the creditors are pressing them for payment of the debts incurred for celebrating the marriages of the first defendant’s daughters Jayalakshmi and Kalyani and for that they had to execute a mortgage of the suit properties and obtained his signatures. O









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