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2008 Supreme(Mad) 3057

G.RAJASURIA
Thambi alias Giri & Another – Appellant
Versus
V. M. Duraisamy & Others – Respondent


Advocates Appeared:
For the Appellants:K.M. Santhanagopalan, Advocate.
For the Respondents:R1, R2, R5, R6 and R9, V. Manohar, Advocate.

Judgment :-

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





















































































































































































































































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