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2010 Supreme(Mad) 3386

S.PALANIVELU
M. Kumaran – Appellant
Versus
J. Rajesh (Minor) – Respondent


Advocates Appeared:
For the Petitioners:S. Udayakumar, Advocate.
For the Respondents:R1, N.D. Bahety, R2, M/s. R.S. Ganesh Babu, Advocates.

Judgment :-

1. This appeal has been preferred by the unsuccessful second and third defendants against the judgment and decree dated 30.01.2003 made in O.S.No.1698 of 1997, on the file of the II Additional City Civil Judge, Chennai.

2. The following are the averments in the plaint succinctly stated:

2(i). The first defendant is father of the plaintiff. The first defendant is the only son to his parents. At the time of marriage, the first defendant was doing plastic business separately and earning a sum of Rs.4,000/- per month. After the marriage his wife came to know that her husband was in the habit of consuming alcoholic drinks and addicted to the same and consequently his father could not meet the family expenses. Both the plaintiff and his mother were treated cruelly by his father/the first defendant. A complaint was also made with regard to dowry harassment with Women Police Station, Thousand Lights, Chennai.

2(ii). The plaintiff is not in possession of the suit property. Since the first defendant is leading wayward life, his sister G.Lalitha filed a partition suit in C.S.No.1728 of 1993 in this Court for partition and separate possession of the properties of N.Ramakrishnan i.e.,






































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