G.RAJASURIA
Thambi alias Giri & Another – Appellant
Versus
V. M. Duraisamy & Others – Respondent
Animadverting upon the dismissal of the suit for partition and for cancellation of sale deeds vide judgment dated 12. 1991 passed by the learned Principal Subordinate Judge, Coimbatore, this appeal is focussed. For convenience sake, the parties are referred to here under according to their litigative status before the trial Court.
2. Broadly but briefly, narratively but precisely, the case of the plaintiff as stood exposited from the amended plaint could be portrayed thus:
The deceased Sundara Gounder during his life time, obtained "A" and "B" scheduled properties allotted in his favour in the partition, which emerged between his co-sharers and himself on 012. 1965. The plaintiffs 1 and 2 are the sons of the said Sundara Gounder and obviously Sundara Gounder and the plaintiffs constituted a Hindu Joint Family and the said properties happened to be the joint family properties. Sundara Gounder was addicted to intoxicating drinks and he lead an immoral life. He incurred debts for his immoral and illegal purposes without caring for the family welfare. Taking undue advantage of Sundara Gounder immoral habits, fictitious pro-notes were got executed from him by some persons and
1975(2) Scc 564- Lala Satyanarain Prasad Vs. Gadadhar Ram
2007 (10) SCC 571 (Suthodkumar and others vs. B.Namdeorao Mehthe and others);
2003 (2) LW 303 (P.Subramania Chettiar vs. Amudham and others) and
(2004) 2 MLJ 35 (DB) (Chandrasekaran vs. Palaniswamy and others). ILR 36 Allahabad
Smt.Rani v. Shanthi Bala Devnath (1970) 3 SCC 722: (AIR 1971 SC 1028)
Krishn Das vs. Nathu Ram (AIR 1927 PC 37).
Niamat Rai vs. Din Dayal (ILR 8 Lahore 597: AIR 1927 PC 121)
AIR 1996 SC 2127 (Gangadharan vs. Janardhana Mallan and others)
1964(4) Scr 497-Guramma Bhratar Chanbasappa Deshmukh And Another Vs. Malappa
AIR 1975 Sc 498-C.Krishna Prasad Vs. C.I.T. Bangalore
AIR 1953 Madras 815 (Sreenivasan and others vs. Rangachari and others)
AIR 1960 SC 964 (Luhar Amrit Lal Nagji vs. Doshi Jayantilal Jethalal and others)
(1981) 4 SCC 487 (K.C.Kapoor vs. Smt.Radhika Devi (dead) by LRs. and others)
AIR 1982 SC 84(Prasad and others vs. V.Govindaswami Mudaliar and others)
AIR 1988 SC 576 (Sunil Kumar and another vs. Ram Parkash and others)
AIR 1997 SC 1686 (Sunder Das and others vs. Gajananrao and others)
(2006) 3 SCC 100 (Mayar (H.K.)Ltd.and others vs. Owners & Parties
(2006) 4 SCC 476 (Saheb Khan vs. Mohd.Yousufuddin and others)
(2004) 1 MLJ 301 (DB) (Veronica Thomas Rajkumar vs. Joseph John Peter Sandy and another)
2006 (2) MLJ 87 (R.Sridharan and others vs. Ammaniammal and others);
AIR 1978 SC 300 (Murarka Properties (P) Ltd.and another vs. Beharilal Murarka and others)
1990 (3) SCC 68 (Manibhai and others and Hemraj and others)
(2005) 5 SCC 527 (Gayatri Devi and others vs. Shashi Pal Singh)
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