1969 Supreme(Mad) 421
P.RAMAKRISHNAN, G.RAMANUJAM
Raghuvir Kumar (Minor) by next friend and mother Smt. D. P. Kamala Kumari – Appellant
Versus
Smt. Shanmughavadivu – Respondent
Advocates:
V. Srinivasan, for Appellants.
K. Natarajan, S. Mohan and K. Doraiswami, for Respondents.
Ramanujam, J.- The plaintiffs in O. S. No. 69 of 1960 on the file of the Sub-Court, Coimbatore, are the appellants in this appeal. They filed the suit for partition and separate possession of their alleged 3|10th share of A and B schedule items and for past mesne profits at the rate of Rs. 500 and future mesne profits at the rate of Rs. 2,400 per annum from the date of suit till delivery of possession, or in the alternative, for possession of the properties equal in extent and value to that of the properties set out in the will dated 2nd May, 1949 executed by one Palaniswamy Nadar in favour of the first plaintiff. The first and second plaintiffs claimed respectively to be the son and fourth wife of the said Palaniswamy Nadar who died on 5th January, 1960 and the suit came to be filed on that basis. The first defendant is the third wife of Palaniswamy Nadar and defendants 2, 3 and 4 are his sons through the first defendant. The fifth defendant is the father of the first defendant and sister’s husband of Palaniswamy Nadar. Defendants 6 and 7 are the grandsons of Valliammal, Paliniswamy’s maternal aunt and also the sons of his brother, Mounaguruswami. The 8th defendant was impleaded a
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