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1963 Supreme(Mad) 496

T.VENKATADRI
Loganathan, minor by next friend and guardian A. Sundaram – Appellant
Versus
Ponnuswami Naicker – Respondent


Advocates:
P. R. Gokulakrishnan and S. Jayakumar, for Appellants.
R. Ramasubbu Ayyar, A. D. Sitaraman, C. Rangarajan and K. Chandrasekaran, for Respondents.

Judgment.

This appeal arises from the judgment and decree in O.S. No. 238: of 1958 on the file of the First Additional Subordinate Judge, Coimbatore. The appellants herein are plaintiffs 1 and 2. The plaintiffs filed this suit in forma pauperis for partition of the suit properties and for separate possession in the joint family property and to set aside the decree in O.S. No. 392 of 1955 on the file of the SubCourt, Coimbatore, in favour of defendants 3 to 5, and to declare them not binding on the plaintiffs and also for maintenance for plaintiffs 3 and 4 at the rate of Rs. 30 per month.

Plaintiffs 1 and 2 are the son and daughter of the second defendant. The third plaintiff is the wife of the second defendant, while the fourth plaintiff is the wife of the first defendant. The fifth plaintiff is the daughter of the first defendant. All of them are residing in Coimbatore. The plaintiffs and the first and second defendants form members of a joint Hindu family. Defendants 1 and 2 are the sister’s sons of the deceased Rangaswami Naicker, the father the defendants 3, 4 and 5. After the death of Rangaswami Naicker, in or about 1946, defendants 1 and 2, according to allegations made in the






















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