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1955 Supreme(Mad) 47

P.V.RAJAMANNAR, SOMASUNDARAM
Sengoda Goundan. – Appellant
Versus
Muthuvelappa Goundan minor by next friend Palani Goundan – Respondent


Advocates:
K.S.Desikan, T.Raghavan and M.R.Narayanaswami for Appellant.
B.V.Viswanatha Aiyar, T.R.Srinivasa Aiyar and A.Shanmughavel for Respondents.

Rajamannar, C.J. - This is an appeal under the Letters Patent against the judgment of Subba Rao, J., in A.S.No.534 of 1947, which arose out of a suit filed by the first respondent in the Court of the Subordinate Judge, Coimbatore, for partition of joint family properties. The plaintiff is the grandson of the first defendant-appellant before us, by a deceased son whose widow is the fourth defendant, The 2nd and 3rd defendants are two other sons of the 1st defendant. The plaintiff claimed a one-fourth share in the suit properties after setting aside certain alienations which had been made by the 1st defendant and others. The 1st defendant and other alienees pleaded inter alia that the properties in suit were the self-acquisitions of the 1st defendant, but that plea was found against, and it has not been pressed before us. There was a further plea that the alienations were binding on the plaintiff, as they were made either for necessity or for the benefit of the family. The learned Subordinate Judge upheld all the alienations except in regard to item 6 and passed a preliminary decree for partition in regard to the remaining family properties. The plaintiff filed an appeal to this Cour







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