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1997 Supreme(Mad) 331

S.S.SUBRAMANI
Govindan Chettiar – Appellant
Versus
Akilandam alias Seethalakshmi – Respondent


Advocates Appeared:
For the Petitioner:Hema Sampath, Advocate.
For the Respondents:M.V. Krishnan, S. Parthasarathy, R. Srinivasan, G. Ramakrishnan, Advocates.

Judgment :-

1. First defendant in O.S. No. 1204 of 1984, on the file of Subordinate Judges Court, Tiruchirappalli, is the appellant. He dies after the filing of the Appeal, and his legal representatives have been impleaded as appellants 2 and 3.

2. The material facts may be summarised as follows:—

Defendants 1 to 3 and plaintiff are the sons and daughters of late Karuppanna Chettiar, who died on 1.9.1984. The property scheduled to the plaint, both ‘A’ and ‘B’ respectively, belonged to the deceased. Defendants 4 to 6 are various financial institutions in which these amounts were deposited. It is said that since Karuppanna Chettiar died intestate, plaintiff is entitled to 1/4th share, and defendants 1 to 3 are also equally entitled to one-fourth share each. Various demands were made to the defendants to co-operate with the plaintiff to effect a partition. Since the defendants refused to a ccede, suit was filed to pass a decree for partition by metes arid bounds and allot one-fourth share to the plaintiff and permit her to get possession of the same, after terminating joint possession.

3. In the written statement filed by the appellant/first defendant, he said that on 9.7.1984, deceased h






































































































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