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2010 Supreme(Mad) 1828

S.PALANIVELU
Venkataramana & Others – Appellant
Versus
N. Munuswamy Naidu & Others – Respondent


Advocates Appeared:
For the Petitioner:S. Parthasarathy, Senior Counsel for N.R. Gopalan and N.R. Anantha Ramakrishnan, Advocates.
For the Respondent:S.V. Jayaraman, Senior Counsel for R. Bharathkumar, Advocate.

Judgment :-

1. Following are the allegations averred in the amended Plaint:

1(a). The grand father of Plaintiffs by name Ramasamy Naidu and Mannar Naidu were brothers. The father of the Plaintiffs-Kanniah Naidu and Ramanjulu Naidu were brothers. The suit property is their ancestral property. It is 5.09 acres of land comprised in Survey No.18/2 in Muthapudupet Village. The suit property along with the adjoining properties were required by the defence department and temporarily the lands were taken away by the said department. Even at the time of requisition, the Government authorities recognised the Plaintiffs’ paternal uncle Ramanujulu Naidu and Nathamuni Naidu Naidu (son of Mannar Naidu) as owners and pattadhars of the suit property. After 1963, the lands were re-delivered to the family by the defence department. The suit property is the joint family property and as such the Plaintiffs branch is entitled to half share in respect of the suit property. The land was kept for some time and as the Plaintiffs were away from the suit village, they could not attend the affairs of the said property. Kanniah Naidu, father of Plaintiffs 2 to 4 approached 1st Defendant in the year 1985 about A






































































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