R.S.RAMANATHAN
U. Palanisamy – Appellant
Versus
K. Thangavelu – Respondent
1. The unsuccessful first defendant is the appellant.
2. The suit was filed by the first respondent herein for partition and separate possession. The case of the first respondent was that the suit property is the ancestral property and the appellant is the paternal uncle and the second respondent is his father and all of them constitute a joint Hindu Family and the first respondent has got < share in the suit property by birth and without any legal necessity, his father executed a release deed dated 25.2.1976 releasing his share as well as the first respondent's share in the property in favour of the appellant and the said release deed is not binding on the first respondent and he is entitled to < share in the property and therefore, filed the suit for partition. It is also stated in the plaint that the second respondent, his father, was addicted to alcohol and was having all vices and taking advantage of the weakness of the second respondent, the appellant colluded with the second respondent with the intention of misappropriating the joint family properties, and obtained the release deed in his favour.
3. The second respondent herein, father of the first respondent rema
2. MADHUKAR VISHWANATH v. MADHAO ((1999) 9 SCC 446);
5. THIRUVENKADA GOUNDER AND OTHERS v. AMMAIAPPAN @ OTHANDARAMAN & OTHERS (2006 (1) CTC 390);
7. ATHIAPPA GOUNDER v. MOHAN (1995 I MLJ 357);
10. BALJINDER SINGH v. RATTAN SINGH ((2008) 16 SCC 785);
4. NAGAPPAN v. AMMASAI GOUNDER ((2004) 13 SCC 480;
6. BRAMMAGIRI v. MINOR SIVASUBRAMANIAM & ANOTHER (2007 (3) CTC 718);
9. VISHWAMBHAR v. LAXMINARAYAN ((2001) 6 SCC 163);
11. GOVERNMENT OF ORISSA v. ASHOK TRANSPORT AGENCY ((2002) 9 SCC 28);
8. SRI NARAYAN BAL v. SRIDHAR SUTAR (1996 SC 2371 = 1996 (8) SCC 54);
3. NANGALI AMMA BHAVANI AMMA v. GOPALAKRISHNAN NAIR ((2004) 8 SCC 785);
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