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2010 Supreme(Mad) 1184

ARUNA JAGADEESAN
V. Angappan – Appellant
Versus
Palaniappan & Others – Respondent


Advocates appeared:
For the Appellant:V. Bhiman, Advocate.
For the Respondents: -----.

Judgment :-

The 6th defendant, who lost his case before both the courts below, has filed this Second Appeal against the Judgment and Decree dated 111. 2000 passed in AS.No.211/1999 by the learned II Additional District Judge, Coimbatore, confirming the Judgment and Decree dated 210. 1998 passed in OS.No.2200/1994 by the learned I Additional District Munsif, Coimbatore.

2. Thecase of the Plaintiffs/the Respondents 1 to 3 herein is as follows:-

a. The 1st Plaintiff is the son of one Kandasamy. The said Kandasamy had four sons viz. (1) Palaniappan, the 1st Plaintiff, (2) Venkatachalam, (3) Sundaram, the father of the Plaintiffs 2 and 3, (4) Palanisamy and the daughter Ponnammal, the 1st Defendant. The Defendants 2 to 5 are the wife and children of late Venkatachalam, who died in the year 1981, leaving behind him the Defendants 2 to 5 as his heirs. Sundaram died on 20.2.1994 leaving behind him the Plaintiffs 2 and 3 as his heirs. The Defendants 2 to 5 are entitled to 1/5th share of late Venkatachalam. The suit property and some other property originally belonged to one Palaniappan, who is the grand father of the 1st Plaintiff.

.b. After the life time of Palaniappan, his son Kandasamy an
















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