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2010 Supreme(Mad) 512

R.MALA
D. Sivagnanam – Appellant
Versus
Thirugnanaprakasham & Others – Respondent


Advocates appeared:
For the Appellant:S. Ramamurthi, Advocate.
For the Respondents:R1 & R2, S. Sounthar, Advocate.

Judgment

The Second Appeal is filed against the judgment and decree dated 112. 1999 made in A.S.No.149/1998 on the file of the Principal Subordinate Judge, Mayiladuthurai, reversing the judgment and decree dated 210. 1998 made in O.S.No. 387/1995 on the file of District Munsif Court, Sirkali.

2. Theaverments in the plaint are as follows:-

(i) The suit properties were owned by the plaintiffs father Duraiappa Padayachi and his brother Ayyadurai Padayachi. They were enjoyed in an undivided state by the joint family of Duraiappa Padayachi and his brother Ayyadurai Padayachi.

(ii) The plaintiff is the eldest son of Duraiappa Padayachi.The defendants 1 and 2 are the plaintiffs brother. The third defendant is the son of Ayyadurai Padayachi.

(iii) After the death of Duraiappa Padayachi, the joint family properties were divided under a family arrangement between the plaintiff and defendants 1 and 2 and the plaintiffs mother since deceased Thangappa Ayal, in respect of the wet lands of the family of Duraiappa Padayachi on 010. 1977. A schedule property mentioned in Karai Olai were allotted to the plaintiff. He is in possession and enjoyment of the same from 1977. So, he prescribed title by


































































































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