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2007 Supreme(Mad) 3648

K.MOHAN RAM
N. Subramanian – Appellant
Versus
Thanjiammal & Others – Respondent


For The Appellant:M. Venkatachalapathy, S.C. S.M. Loganathan, Advocate. For The Respondents:R2 A. Sathyabhama For T.R. Rajaraman, Advocates.

Judgment :-

The plaintiff in O.S.No.231 of 1990 on the file of the District Munsif Court, Polur who succeeded in the suit but lost the appeal in A.S.No.60 of 1994 on the file of the Sub-Court, Thiruvannamalai, is the appellant in Second Appeal No.481 of 1995. The plaintiff in O.S.No.231 of 1990 was the defendant in O.S.No.16 of 1991 on the file of the District Munsif Court, Polur, and he succeeded in the suit, but the decree passed in O.S.No.16 of 1991 was reversed in A.S.No.69 of 1994 and hence he has filed Second Appeal No.482 of 1995. For the sake of convenience the parties are referred to as per their ranking in the suit.

2. The brief facts that are necessary for the disposal of the above second appeals are set-out below:

(a) The plaintiff-Subramanian is the son of Narayanaswamy Gounder @ Kannu Gounder through his wife-Thanjiammal-the first defendant and the second defendant is the sister of the plaintiff-Subramanian. Narayanaswamy Gounder and his brother Rangaswamy Gounder were enjoying their ancestral properties without making division till their death. After their death Thanjiammal, Subramanian and Radhakrishnan-son of Rangaswamy Gounder entered into a registered partition de























































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