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2000 Supreme(Mad) 497

D.MURUGESAN
Subba Reddiar – Appellant
Versus
Vasantha Ammal – Respondent


Advocates Appeared:
Mr.K.Chandramouli, Senior Counsel for M/s V.Ramesh and Muthukumar Advocate for Appellant.
Mr.T.R.Rajagopalan, Additional Advocate General for Mr.T.R.Rajaraman, Advocate for Respondents.

Judgment :

1. The plaintiff in the suit is the appellant. The plaintiff filed a suit in O.S. No. 117 of 1979 on the file of the learned Subordinate Judge, Tindivanam for partition of half share in item nos. 1 and 2 and for recovery of possession in respect of item nos.3 to 5 of the suit properties. It was the case of the plaintiff that item Nos. 1 and 2 of the suit properties owned by one Krishnsamy Naidu and the same were his self acquired properties. Thiru.Krishnasamy Naidu died on 1.2.1957 intestate. After his demise his son Devaraj and daughter Ramanujam Ammal partitioned orally the item nos.1 and 2 of the suit properties equally. From then onwards both Devaraj and Ramanujam Ammal were in possession and enjoyment of their respective shares without any interruption. On 14.10.1971, Ramunjam Ammal sold her share of the plaintiff for a sale consideration of Rs. 10,000 through a registered sale deed marked as Ex.A-1. From the date of purchase, the plaintiff is in possession and enjoyment of the properties and is cultivating the land by planting paddy and some trees. The defendants are the owners of adjacent lands to the items 1 and 2 of the suit properties and they have no right what











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