B.AKBAR BASHA KHADIRI, A.S.VENKATACHALA MOORTHY
D. Bhickam Chand Sowcar – Appellant
Versus
B. Dhilipkumar – Respondent
B. Akbar Basha Khadiri, J.
1. The appeal has arisen in the instant case against the judgment rendered by the learned single Judge in C.S.No.1419 of 1994 dated 7.7.1999. The first defendant is the appellant herein. The plaintiff and defendants 2 to 4 are the sons of the first defendant. Item No.1 of the suit properties is a lodging house which is run under the name and style of Brindavan Lodge is an ancestral property of Bhikam Chand Sowcar. In a partition effected between Bhikam Chand Sowcar and his brothers, items 1 of the suit property was allotted to him along with some cash and certain other properties. It is the case of the plaintiff that the defendants 1 and 2 are in management of the lodging house and from out of the surplus earnings available from the lodging house, Bhikam Chand, who is the kartha of the family purchased items 2 to 5 of the suit properties. In fact he constructed a Kalyana Mandapam under the name and style of Santhi Kalyana Mandapam bearing door No.85, Bazaar Road, Mylapore. He had also purchased certain other properties at Aduthurai and. Chidambaram. Disputes also arose between the first defendant and his son, the second defendant herein, which re
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