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1996 Supreme(Mad) 47

SRINIVASAN, S.S.SUBRAMANI
Bhagwandas – Appellant
Versus
K. G. Purushothaman – Respondent


Advocates Appeared:
For the Appellants:N.S. Varadachari, N.C. Ramesh, Advocates.
For the Respondents:T.R. Rajagopalan, for E.S. Govindan & T.P. Sankaran, K.C. Rajappa & S. Devanathan, Advocates.

Judgment :-

SRINIVASAN, J.

1. The first of these appeals arises out of C.S. No. 129 of 1982 filed by respondents 1 to 4 therein while the other appeal is against C.S. No. 492 of 1982 filed by the appellant therein. It is convenient to refer to the parties by their rank in C.S. No. 129 of 1982. The plaintiffs are four in number. Plaintiffs 3 and 4 are sons of the first plaintiff. The second plaintiff is a partnership firm, whose partners were originally the first plaintiff and his mother Jagadambal Ammal who died on 13-10-1980. According to the deed of partnership, the firm does not get dissolved by the death of a partner, but the heirs of such deceased person would get into the shoes of the deceased. According to the plaintiffs, the interest of Jagadambal Ammal was bequeathed by her registered will dated 21-6-1971 to plaintiffs 3 and 4. The subject matter of dispute is a property comprising land of an extent of 3 grounds and 726 sq. ft. and a superstructure thereon situated in No. 23, Millers Road, Kilpauk, Madras-10. The first plaintiff was the owner of the said property and also of the adjacent properties having obtained the same under a deed of gift settlement executed by his fath







































































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