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2007 Supreme(Mad) 3406

K.MOHAN RAM
Poongavanam Ammal & Others – Appellant
Versus
Karuppayi Ammal & Others – Respondent


Advocates:
For the Appellants :V. Raghavachari, Advocate. For the Respondents:R1, V. Ayyadurai, Advocate.

Judgment :-

The unsuccessful defendants 1 to 4 in O.S.No.34 of 1987 on the file of the Sub-Court, Vriddhachalam are the appellants in the above appeal.

2. For the sake of convenience the parties are referred to as per their ranking in the suit.

3. The case of the plaintiff is as follows:

The plaint C schedule properties belonged to one Muthukaruppa Servai; Muthukaruppa Servais only son was Subburaya Servai and Subburaya Servais only son was Ayyakannu Servai; Ayyakannu Servais wife was Angammal; Ayyakannu Servai and Angammal had two sons namely Murugan and Duraisamy and two daughters namely the defendants 1 and 2; the plaintiff is the wife of Duraisamy; the third defendant is the daughter of the first defendant; Muthukaruppa Servai, Subburaya Servai and Ayyakannu Servai died intestate prior to 1937; Murugan died unmarried and intestate in the year 1954; Duraisamy husband of the plaintiff also died intestate in the year 1952; Since the plaint C schedule properties are the ancestral properties of Ayyakannu Servai, after his death the same devolved upon his sons Murugan and Duraisamy and both of them were entitled to ½ share each; On the death of Duraisamy his wife as sole heir succee



































































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