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2011 Supreme(Mad) 478

R.S.RAMANATHAN
U. Palanisamy – Appellant
Versus
K. Thangavelu – Respondent


Appearing Advocates:
For the Appellant:N. Jothi for N. Manokaran, Advocates.
For the Respondents:R1 - S.V. Srinivasan, Advocate.

Judgment :-

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
























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