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1972 Supreme(Mad) 413

K.S.RAMAMURTI, N.KRISHNASWAMY REDDY
Irudayammal – Appellant
Versus
Salayath Mary – Respondent


Advocates:
R. Gopalaswami Iyengar and S. Kolandaivelu, for Appellant in 321 of 1965
V. Somasundaram and Singaravadivelu, for Respondent in 321 of 1971.
V. Somasundaram and S. Singaravelu, for Appellant in 562 of 1970.
M. Srinivasn and S. Kulandaivelu, for Respondent in 562 of 1970.

Ramamurti, J. - Defendants 1 to 3 have preferred this appeal against the judgment and decree of the learned Subordinate Judge of Ramanathapuram decreeing, in favour of the plaintiff, partition and separate possession of one-fourth share in respect of certain items of properties set forth in schedule A appended to the plaint as well as the claim for mesne profits from 12th March, 1956. The plaintiff’s suit in respect of other items in the A schedule and in respect of the entire B schedule properties as well as the plaintiff’s claim for relief of accounting prior to 12th March, 1956, have been dismissed. There is no cross-appeal in respect of the portion of the plaintiff’s claim disallowed.

2. The plaintiff is the daughter of one Susai Udayar; defendants 5 and 6 are the sisters of the plaintiff, being the other daughters of Susai Udayar aforesaid. The first defendant Irudayammal is the widow of one Arokia Udayar, the son of Susai Udayar. Defendants 2, 3 and 4 are the daughters of the first defendant and Arokia Udayar aforesaid. The parties belong to Keeranur village in Ramanathapuram district and the father, Susai Udayar, left for Burma several decades ago and practically settled down













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