S.S.SUBRAMANI
Palaniswamy Konar – Appellant
Versus
Gopala Konar – Respondent
1. First defendant in O.S. No. 109 of 1983, on the file of Subordinate Judge, Pudukkottai, is the appellant herein.
2. Two plaintiffs filed the above suit claiming title to B and C Schedule properties respectively, and permitting them to recover the same from the first defendant, and in the alternative to partition the entire A Schedule property into two equal halves and one share to be allotted to plaintiffs, and in the event of such partition, as far as possible B and C Schedule properties may be allotted to their share in equity. Mesne profits was also claimed from first defendant.
3. Material averments in the plaint are as follows: B and C Schedule properties are portions of A Schedule. The entire A Schedule belonged to the family consisting of defendants 2 to 5. The second defendant is entitled to one half and defendants 3 to 5 are entitled to the other half. It is said that by a partition arrangement between them, second defendant was in enjoyment of B and C Schedule properties. As per Exx. A-1 and A-2 dated 21.6.1975, both the plaintiffs purchased the B and C Schedule items from the second defendant.
4. Third defendant, who is the father of second defendant, execut
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