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1998 Supreme(Mad) 496

S.S.SUBRAMANI
Balakrishna Udayar – Appellant
Versus
Chellammal – Respondent


Advocates Appeared:
For the Appellant:R.N. Kothandaraman, Advocate.
For the Respondents: No. Appearance.

Judgment :-

1. Defendants 2 to 4 (Appellants 1 to 3) and one Periasami Udayar are the appellants. Suit O.S. 1552 of 1978, on the file of District Munsifs Court, Ariyalur, was for partition and possession, and also for mesne profits.

2. Chellamuthu Udayar and Ramasami Udayar were brothers. Both of them are no more. Plaintiff is the daughter of Chellamuthu Udayar, and 11th defendant is his widow. Ramasami Udayars widow is the 10th defendant.

3. Plaintiff filed the suit for partition of plaint schedule properties claiming half share over the plaint items. Other defendants are alienees from Ramasami Udayar. It has come out in evidence that apart from the schedule properties, the brothers had properties in the villages Anandavadi, Sendurai, Udayan-Kudikadu and Nakkambadi. The plaint schedule properties are situated in Udayankudikadu. The properties situated in the other villages have not been included in the plaint schedule. The widows of the two brothers are not contesting the suit, and they have no objection for partitioning the property. Even though the appellants contended that over the plaint property, plaintiff was not entitled to any right since Ramasami Udayar became the absolute































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