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2009 Supreme(Mad) 2637

C.T.SELVAM, PRABHA SRIDEVAN
Appavu Mudaliar & Others – Appellant
Versus
Manickkammal & Others – Respondent


Advocates Appeared:
For the Appellants:R. Subramanian, Senior Counsel, S. Hemalatha, Advocate.
For the Respondents:R2, R. Sundarrajan, Advocate.

Judgment :-

PRABHA SRIDEVAN, J.

The defendants 1 to 3 and 8 are the appellants. They succeeded before the Trial Court but lost in the first appeal. The averments in the plaint in brief are as follows:

.(i) The plaintiffs are the daughters and the defendants 1 and 2 are the sons of one Ponnaiah Mudaliar and Unnamalai Ammal both deceased. Both of them died intestate, the mother on 20-05-1978 and the father on 23-08-1979. The third defendant is the son of the first defendant. The eighth defendant is the sister of the third defendanint and daughter of the first defendant. There was a registered partition deed where the properties held by Ponnaiah Mudaliar was divided amongst him, his wife and the defendants 1 and 2. The properties allotted to Ponnaiah Mudaliar are the A Schedule properties. The properties allotted to his wife Unnamalai Ammal are the B Schedule properties. The properties allotted to defendants 1 and 2 are C and D Schedule properties. E Schedule properties were kept in common between the defendants 1 and 2 who were directed to maintain the first wife of the first defendant out of the income. The parents were living with their sons namely defendants 1 and 2. Ponnaiah Muda









































































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