G.RAJASURIA
K. Jayakumar (Died) & Others – Appellant
Versus
Koteeswaran & Another – Respondent
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
1. Dr. S. Jayakumar and another vs. K. Kandasamy Gounder 2006 (2) LW 259
3. Gnanasigamani vs. Kamala Bai and another 1990 (II) MLJ 80
7. Koshal Pal and others vs. Mohan Lal and others AIR 1976 SC 688
8. M. Somasundaram and another vs. District Collector cum Accommodation Controller
9. Perumal Nadar (dead) by Legal Representative vs. Ponnuswami Nadar (Minor) AIR 1971 SC 2352
10. Goutam Kundu vs. State of West Bengal and another AIR 1993 SC 2295
117. B. Mahadeva Rao vs. Yesoda Bai AIR 1962 Madras 141
119. Mahendra Manilal Nanavati vs. Sushila Mahendra Nanavati AIR 1965 SC 364
20.20. Chilukuri Venkateswarlu vs. Chillukuri Venkatanarayana AIR 1954 SC 176
221. Lala Satyanarain Prasad vs. Gadadhar Ram(1975) 2 SCC 564
224. Dolgobinda Paricha vs. Nimai Charan Misra and others AIR 1959 SC 914
227. Srimathi Kamalambal vs. Srinivasa Odayar (died) and others 1968 II MLJ 487
228. L.Bakthavatsalam and others vs. R.Alagiriswamy (died) and others 2007 (6) MLJ 128
229. Anathula Sudhakar vs. P. Buchi Reddy (Dead) by Lrs.and Others 2008 (4) SCC 594
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