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2007 Supreme(Mad) 1545

P.JYOTHIMANI
Manickam & Others – Appellant
Versus
Amirtham & Others – Respondent


Advocates:
For the Petitioners:K. Duraisamy S.C., R.T. Duraisamy Advocate. For the Respondents:M. Venkatachalapathy S.C., R1, S.M. Loganathan, Advocate, R2,
V. Ravi Spl. G.P.

Judgment :-

Defendants 1 to 6 before the Trial Court are the appellants. The first respondent has filed the suit for partition and allotment of 1/7th share in the suit properties, which are consisting of five items out which the first four items are relating to immovable properties and the 5th item relates to a Tractor and the 6th item is the amount due from Bannari Amman Sugars Ltd., arrayed as 8th defendant.

2. According to the plaintiff, she is the eldest daughter of late Muthusamy Naidu, the first defendant being the wife of late Muthusamy Naidu and defendants 2 to 6 are his sons and daughters. The said Muthusamy Naidu died intestate on 27.01.1986 leaving behind the plaintiff and defendants 1 to 6. The suit properties are the self acquired properties of the said Muthusamy Naidu apart from the fact that he had also properties from his father in law. Item No.2 was purchased by Muthusamy Naidu in the year 1972 in the name of his wife the first defendant. That was the sale deed dated 04.06.1972 marked as Ex.A.2. Item No.3 was purchased by Muthusamy Naidu in the name of his son the second defendant on 21.06.1973 copy of which was marked as Ex.A.29 and the original marked on the sid




































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