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2007 Supreme(Mad) 2773

C.NAGAPPAN
Nachayal – Appellant
Versus
Pongiannan & Others – Respondent


Advocates:
For the Appellant:A.K. Kumaraswamy, Advocate. For the Respondents: R1, R2, No appearance, (R3 to R12 given up).

Judgment :-

The Appeal is preferred against the judgment and decree dated 211. 1994 rendered in O.S.No.225 of 1990 on the file of Principal Subordinate Judge, Erode. The plaintiff in the suit is the appellant herein.

2. The plaintiff filed the suit seeking for a decree directing the division of the suit properties into 27 equal shares by metes and bounds and allot 10 such shares to the plaintiff and put her in separate possession thereof.

The case of the plaintiff is that her father Palani Gounder had two wives, namely, Thangammal and Kuppayal, the second defendant in the suit and the plaintiff and defendants 5 to 7 are the daughters of first wife Thangammal while the defendants 8 to 12 are the daughters and sons of the predeceased daughter of Thangammal by name Mottaiakkal alias Karuppathal and the first defendant is the son of Palani Gounder through his second wife Kuppayal and the defendants 3 and 4 are the daughters of Palani Gounder through Kuppayal. According to the plaintiff, the entire suit properties were the joint family properties of Palani Gounder, the first defendant and the plaintiff, who is an unmarried daughter of Palani Gounder and Palani Gounder died on 23. 1975 an



















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