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2001 Supreme(Mad) 623

K.GOVINDARAJAN
Gowri Ammal – Appellant
Versus
Vaithilingam (decd. ) – Respondent


Advocates Appeared:
Mr.S.K. Ragunathan, Advocate for Appellants. Mrs. Hema Sampath, Advocate for Respondents.

Judgment :

1. The unsuccessful plaintiffs before the courts below have filed this second appeal.

2. The plaintiffs filed a suit in O.S.No.26 of 1983 on the file of the Sub-Court, Cuddalore for partition of 1?5th share in item Nos.1 to 13 and 2?5th share in item Nos.14 to 19 of the plaint schedule properties, and also for 2?5th share in the 'B' schedule jewels.

3. The plaintiffs are the daughters of the 1st defendant. According to them, the 1st defendant, their deceased brother Ramalingam and their father were members of the Hindu joint family. Items 1 to 4 are the ancestral properties of the 1st defendant and items 5 to 13 were acquired with the aid of the ancestral nucleus and treated as joint family properties. Items 15 to 19 of the A schedule properties were also purchased by their mother Anjalai Ammal from out of her own funds in her name. It is the case of the plaintiffs that item No. 14 was purchased by their mother with her own funds for her benefits, but in the name of her son Ramalingam. On that basis the plaintiffs have come forward with the above suit.

4. The defendants contested the suit contending inter alia that items 1 and 3 alone were the ancestral properties, that

























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