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2008 Supreme(Mad) 3108

G.RAJASURIA
Venkatachalam (died) & Others – Appellant
Versus
Rajammal & Others – Respondent


Advocates Appeared:
For the Appellants:T.R. Rajagopalan, Senior Counsel, Chitra Sampath, Advocate.
For the Respondents:S.V. Jayaraman, Senior Counsel, P. Thirunavukkarasu, Advocate.

Judgment :-

This appeal is focussed as against the judgment and decree dated 19.07.1989 passed in O.S.No.27 of 1989 on the file of the learned Subordinate Judge, Dharmapuri in decreeing the suit for partition and separate possession of 1/5th share each, in favour of the plaintiffs. For convenience sake, the parties are referred to here under according to their litigative status before the trial Court.

2. Niggard and bereft of details, the case of the plaintiff as stood exposited from the plaint could be portrayed thus:

The properties described in the schedule of the plaint belonged to one Thandaiammal as her exclusive properties. The first and second plaintiffs and the third defendant are the daughters and the defendants 1 and 2 are the sons of Thandaiammal. Consequent upon her death, her aforesaid children became entitled to equal shares in the suit properties. However, defendants 1 and 2 by way of defeating the interest of the daughters of Thandaiammal clandestinely and surreptitiously effected a partition between D1 and D2 themselves on 05.06.1965. The plaintiffs were not aware of such partition immediately. However, three years later, they demanded partition for dividing the pro

























































































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