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2002 Supreme(Mad) 137

K.GOVINDARAJAN
Kulasekaran Chettiar (decd. ) – Appellant
Versus
Meenakshi Ammal – Respondent


Advocates Appeared:
Mr. T.M. Hariharan, Advocate for Appellants. Mr.P.Peppin Fernando, Advocate for Respondents.

Judgment :

1. The unsuccessful 3rd defendant before the courts below has filed this Second Appeal.

2. The plaintiff filed the suit in O.S.No.106 of 1987 to enforce her right of specific performance by directing the defendants to execute the sale deed in respect of 2?3 share in the suit properties in favour of the plaintiff.


3. The suit properties originally belonged to one Madasami Chettiar who died in 1963 and he purchased the same under the sale deed dated 3.7.1944, marked as Ex.A1. He died leaving his wife Sankarammal (1st defendant), and daughters, Meenakshi ammal (plaintiff) and Muppidathi ammal (2nd defendant). The 1st defendant/mother conveyed the entire suit properties to the 3rd defendant who is none other than the brother of her husband Madasami Chettiar under the sale deed Ex.B1 (marked as Ex.A2 also), dated 6.10.86 . According to the plaintiff, she claimed H share in the suit properties by issuing notice to defendants 1 and 2 under Ex.A4, dated 29.9.86. Thereafter she filed O.S.No.112 of 1986 for partition of her ^ share and a preliminary decree for partition and separate possession of the plaintiff’s 1?3 share in the suit properties was passed on 18.11.1987 on the bas








































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