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2010 Supreme(Mad) 1823

R.S.RAMANATHAN
Kasturi & Others – Appellant
Versus
Saravanan @ Sakthi Saravanan – Respondent


Advocates appeared:
For the Petitioners:S. Ramesh, V. Raghavachari, Advocates.
For the Respondent:M.R. MUrugesan, Advocate.

Judgment

Heard both sides

2. The defendants 8 and 9 in O.S.No.349 of 1995, on the file of the Principal Subordinate Judge, Madurai, are the revision petitioners.

3. Thesuit was filed by the respondent herein for partition of 6/80th share in the A schedule item Nos.1 to 3 and 1/12th share in the B schedule Item No.1 to 10 and for mesne profits from the defendants 15 to 18, who are in illegal occupation of the Item No.1 of the suit “A schedule properties.

4. The case of the plaintiff/respondent herein was that the property originally belonged to M.S.Ayyasamy Pillai, who got the property under a partition deed, dated 212. 1925 and he died on 20.05.1942 leaving behind his widow Sankarammal, his daughter Mrs.Vijayalakshmi and sons, defendants 1,3 and 6 and other defendants. As M.S.Ayyasamy Pillai, died prior to Indian Succession Act 1956, the three sons are entitled to 1/4th share each in the house property viz., the A schedule property and in respect of B schedule property, which are agricultural properties, the sons are entitled to 1/3rd share each. After the death of Sankarammal, the defendants 1,3 and 6 and her daughter Vijayalakshmi and Sulochana inherited the share in the A sch








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