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2002 Supreme(Mad) 135

PRABHA SRIDEVAN
Family Manager, Muruga Padayachi (died) and others – Appellant
Versus
Family Manager, Arumuga Padayachi, S/o. Alaga Padayachi at Pothiramangalam Village, Thittagudi Taluk, South Arcot District (deceased) and others – Respondent


Advocates Appeared:
S.Parthasarathy, for M/s.Sarvabhuman Associates, for Appellants.
A.S.Vijayaraghavan, for Respondents.

Judgment :-

1. One Alagappa Padayachi had three sons, Sellamuthu, Murugan (D-1) and Arumuga (the plaintiff). He died intestate leaving behind joint family properties. Sellamuthu died intestine in 1958 leaving behind his wife Chinnapillaiammal. They had not issues. He was the manager of the joint family properties till his death and therefore the first defendant was managing the joint family properties. Chinnapillaiammal died in 1972. All the properties are enjoyed by the first defendant in his capacity as Manager. About 5 or 6 years before the suit the first defendant permitted the plaintiff to enjoy some items of the suit property. There was no partition by metes and bounds but enjoyment was as per convenience. At the instance of defendants 2 to 5 the first defendant had concocted some false documents to deny the plaintiff his half share in the property. When he came to know about that the plaintiff made a claim for partition, not only did the first defendant deny his right but he also alleged that Chinnapillaiammal had left a Will, in which her share was bequeathed to defendants 4 and 5 and that the plaintiff has been given his share in 1960 itself and therefore, he was not entitl








































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