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2000 Supreme(Mad) 172

K.P.SIVASUBRAMANIAM
Lakshmiammal – Appellant
Versus
C. P. Nanjappan – Respondent


Advocates Appeared:
Mr.R.Gandhi, Senior Counsel for Mr.M.Kandasamy, Advocate for Appellants.
Mr.T.R.Rajagopalan, Senior Counsel for Mr.T.R.Rajaraman, Advocate for Respondent No.1.and Mr.V.Kunchithapatham, Advocate for Respondent No.2 & 3.

Judgment :

1. This second appeal is directed against the judgment of the learned District Judge, Coimbatore, in A.S. No.129 of 1986, reversing the judgment of the learned Principal District Munsif, Coimbatore, in O.S.No.2145 of 1981. Defendants 2 and 3 in the suit are the appellants in the above second appeal.

2. The suit was filed by the plaintiff for a decree directing the defendants to divide the suit property into three equal shares by metes and bounds and the plaintiff be allotted and put in exclusive possession of one such separate share and granting such ancillary and incidental reliefs. According to the plaintiff, late Ponnai Gowder is the common ancestor of the plaintiff and the defendants. The plaintiff is the son of Ponnai Gowder. The other two sons of Ponnai Gowder being Dasai Gowder and Ponniah Rajan. Both of them are since dead and the first defendant is the son of Dasai Gowder, the second defendant is the wife of Dasai Gowder and the third defendant is the daughter of Dasai Gowder and they are the legal heirs of Dasai Gowder and constitute the members of his family. The fourth defendant is the son of Ponniah Rajan and the fifth defendant is the wife of Ponniah Raj an














































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