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1996 Supreme(Mad) 1273

S.S.SUBRAMANI
Palaniswamy Konar – Appellant
Versus
Gopala Konar – Respondent


Advocates Appeared:
For the Appellant:S. Desikan for P. Gopalan, Advocates.
For the Respondents:S.V. Jayaraman for A. Amalraj, Advocates.

Judgment :-

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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