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2001 Supreme(Mad) 1210

K.RAVIRAJA PANDIAN
V. R. Devaraj – Appellant
Versus
G. Narayanasamy – Respondent


Advocates Appeared:
Mr. G. Rajagopalan, Senior Counsel for Petitioner.
Mr. S. Parthasarathy for M/s. Sarvabhauman Associates for Respondents.

Judgment :

1. The above revision is filed against the order dated 13.6.2000 made in O.S.No.1584 of 1992 wherein a varthamanam letter was sought to be marked as an exhibit through the first defendant, which was objected to by the plaintiffs and the objection was upheld thereby the first defendant was not allowed to mark the document. The said order of the trial Judge is tested before this Court in the present revision as to its correctness.

2. The brief facts of the case for the clarity are as follows:

Plaintiffs 1 and 2 and the first defendant are sons and the 2nd defendant is the daughter of one Ganga Naidu. They divided their property among themselves by a partition deed dated 21.3.1989. In the said partition, the father, Ganga Naidu was allotted 22 cents for his life. On the same day i.e. on 21.3.1989, his sons and the daughter of the said Ganga Naidu executed a varthamanam letter, whereby the said Ganga Naidu was permitted to alienate or encumber the property allotted to his share to meet out his medical expenses, if the same was not met out by his sons. The said Ganga Naidu sold the entire-extent of 22 cents allotted to him on 4.3.1989 pursuant to the varthamanam letter to the
















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