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2002 Supreme(Mad) 320

PRABHA SRIDEVAN
Indrajith – Appellant
Versus
Deivanayaka Kounder – Respondent


Advocates Appeared:
For the Appellant:D. Rajagopal, Vedavalli Kumar, Advocates.
For the Respondents:R3, R5 & R12 - Hema Sampath, R1 - P.V. Rajeswari, Vedavalli Kumar, Advocates.

Judgment :-

1. Deivanayaga Gounder (‘D’ in short) is the central figure in the three appeals. One Indrajit claiming to be his son filed O.S. No. 44 of 1982 for partition of his half share in the properties. D was the first defendant. D filed O.S. No. 180 of 1982 for declaration and recovery of possession of certain items of property. D also filed O.S. No. 80 of 1983 for declaration of title and for recovery of possession.

2. The suit properties belonged to one Narayanasamy. He had three sons, D, Kannappan, examined as P.W.2 and another, with whom we are not concerned. There was a partition of the joint family properties between D & P.W.2.

3. The main appeal is A.S. No. 410 of 1985 filed by Indrajit, the appellant herein and the reference to the parties will be according to their array in this appeal. According to the appellant, D married the third respondent in 1938, and a daughter was born to them. He also married the fourth respondent, who is the appellants mother. The appellant and three daughters were born to D & R-4. D also had two concubines, one Padmavathi and one Kuppammal. Kuppammals son is the second respondent. The other members of the family are not parties to the appeal




































































































































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