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2011 Supreme(Mad) 3588

R.S.RAMANATHAN
K. Vivekanandan – Appellant
Versus
K. Nagarajan – Respondent


Advocates appeared:
For the Appellants:S. Parthasarathy, Advocate.
For the Respondent:A.C. Chandrasekar, Advocate.

JUDGMENT :-

1. The defendants in O.S.No.5015 of 2005 on the file of the XIV Assistant City Civil Judge, Chennai, are the appellants.

2. The respondent/ plaintiff filed the suit for recovery of possession of the suit property and also for damages. The case of the respondent/ plaintiff was that the suit property and adjoining property originally belonged to one Kadirvel Nadar the father of the respondent/ plaintiff and also the father of the appellants/ defendants and the said Kadirvel Nadar had two wives and through his first wife Parvathy he had three sons namely Doosu Muthu, Chandrasekaran and the respondent herein. Through his second wife Rajamani he had seven sons namely Bhagavathi Singh, Napolean and the appellants herein. There was a partition in the family of Kadirvel Nadar on 25.8.1982 and in that partition the suit schedule property was allotted to the share of Kadirvel Nadar and his children through his second wife and the adjoining property was allotted to the share of the respondent/plaintiff and his two brothers who were his children through his first wife. In the partition deed the property allotted to the father Kadirvel Nadar and his children through his second wife wa















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