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1928 Supreme(Mad) 94

THIRUVENKATACHARIAR
Amirthalinga Thevan – Appellant
Versus
Arumuga Ambalagaram – Respondent


JUDGMENT

Thiruvenkata Achariar, J.

1. The plaintiff in the suit has preferred this second appeal. He brought the suit for partition of certain immoveable properties in which he claimed two-thirds share. Both the lower Courts have held that he is entitled only to one-third share and have given him a decree for partition to the extent of that share. The plaintiff has preferred this second appeal in respect of the one-third share disallowed. The material facts of the case as found by both the Courts are as follows:

2. The suit properties in which the plaint-tiff claims two thirds share belonged to an undivided Hindu family consisting of one Mari Amabalagaran and his two sons. Kuppuswami, the elder son (by his first wife) was a major. Paraman the other son (by his second wife) was a minor. The plaintiffs claim is based on a sale-deed, Ex. A dated the 3th May, 1914, purporting to be executed in his favour by Mari Ambalagaran and Kuppuswami, the former executing the sale deed not only on his own behalf, but also on behalf of his minor son Paraman. Kuppuswami, however, repudiated the sale-deed and it was not registered so far as he was concerned and the plaintiffs suit to enforce registratio



















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