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2010 Supreme(Mad) 3486

G.M.AKBAR ALI, R.BANUMATHI
S. M. Sivaswami – Appellant
Versus
Nagammal – Respondent


Advocates Appeared:
For the Appellant:S. Doaraisami, Senior Counsel for Muthumani Doraisami, Advocate.
For the Respondents: R1 to R3, N. Damodaran & R5 & R6 Given up.

Judgment :-

R. BANUMATHI, J.

1. This Appeal arises out of the Decree and Judgment in O.S.No.8 of 2002 dated 22.1.2003 decreeing Plaintiffs suit for partition in respect of plaint C schedule [item No.3] and passing preliminary decree for partition of 2nd and 3rd Plaintiffs 1/3rd share each. Unsuccessful 4th Defendant is the Appellant.

2. 1st Defendant-Muthusamy Gounder is the husband of 1st Plaintiff-Nagammal. Plaintiffs 2 and 3 [Kasthuri & Kavitha] are the daughters of 1st Plaintiff and 1st Defendant. Suit property relates to three items of properties. Briefly stated plaint averments are that 1st Defendant owned 4 acres of ancestral property at Sungakkaranpalayam village which was sold in the year 1974 and from out of the sale proceeds of the said 4 acres, the suit properties and other properties were purchased in the name of 1st Defendant as he was Karta of the family. Subsequently, Plaintiffs and 1st Defendant were in enjoyment of the suit properties as their joint family properties and they had been in the suit properties since 1975. From out of the income of joint family properties, Plaintiffs and 1st Defendant jointly purchased item No.3 of suit property under sale deed dated 29.

































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