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1963 Supreme(Mad) 9

JAGADISAN, ANANTANARAYANAN
R. V. Manicka Mudaliar – Appellant
Versus
V. M. Thangavelu and others – Respondent


Advocates Appeared:
R. Gopalaswami Iyengar and C. Natarajan, for Appellant; V. Thyagarajan, R. Rajagopalan and R. Desikam, for Respondents.

Judgement

JAGADISAN, J. :- This appeal is from the judgment and decree in O. S. No. 35 of 1958, on the file of the Sub-Court, Salem, granting a preliminary decree for partition and separate possession of a quarter share in favour of the plaintiff regarding plaint A and B schedule properties. The first defendant in the suit is the appellant. It will be convenient to refer to the appellant as the first defendant and to the first respondent as the plaintiff in this judgment. Respondents 2 and 3 to this appeal were defendants 2 and 3 in the suit.

2. The plaintiff is the son of the first defendant by his first wife. Defendants 2 and 3 are the sons of the first defendant by his second wife, Samppoornam, who is not a party to the suit. The parties are hereditarily rich and have been trading in yarn. They are Sengunthar-Mudaliars by caste governed by the Hindu Mitakshara law. The suit was one for partition in which the plaintiff claimed one-fourth share in the plaint A and B and C schedule properties; A schedule consists of bank deposits, shares in limited companies, Government promissory notes, cash and sundry outstandings; B schedule comprises immoveable properties; C schedule consists of




































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