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2008 Supreme(Mad) 3387

G.RAJASURIA
K. Jayakumar (Died) & Others – Appellant
Versus
Koteeswaran & Another – Respondent


Advocates Appeared:
For the Appellants:V. Raghavachari, Advocate.
For the Respondents:S.V. Jayaraman, Senior counsel for C. Selvaraju, Advocate.

Judgment :-

This appeal is focussed as against the judgment and decree dated 210. 2002 passed by the III Additional Judge, City Civil Court, Chennai in O.S.No.4879 of 1997, which is a suit for partition. For convenience sake, the parties are referred to here under according to their litigative status before the trial Court.

2. The parodying and portrayal of the case of the plaintiffs, succinctly and precisely, as stood exposited from the plaint would run thus:

a) One Late Madurai Chetty and his second wife Ammakannu gave birth to two children, viz., Kristappa Chetty, the father of the defendants herein and Elumalai Chetty, the father of the plaintiffs herein. The said Madurai Chetty acquired four house properties of which, two are described in the schedule of the plaint. Madurai Chetty executed a Settlement Deed dated 18.09.1926 in respect of all his four house properties with the stipulation that the two properties described in the schedule of the plaint should be enjoyed by his second wife Ammakannu and his two sons during their life time and the male issues of Madurai Chettys sons should enjoy those properties absolutely. The said Ammakannu died and Madurai Chettys two sons, viz









































































































































































































































































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