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1998 Supreme(Mad) 473

S.S.SUBRAMANI
Mookayi Ammal – Appellant
Versus
Duraiswamy Udayar – Respondent


Advocates Appeared:
For the Appellants:V. Ayyathurai, Advocate.
For the Respondent:R1 - S. Parthasarathy for T.V. Balakrishnan, Advocates.

Judgment :-

1. Defendants 1 to 3 and 5 in O.S. No. 183 of 1976, on the file of District Munsif, Kallakurichi, are the appellants.

2. The relevant facts of the case may be summarised thus: —

“The plaint ‘A’ schedule property originally belonged to the deceased 1st plaintiffs mother Mulhammal. It is their case that under the original of Ex.A-1 dated 11.7.1932, 1st plaintiffs father Muthu Udayar purchased ‘A’ Schedule property in the name of Muthammal who died eight years prior to the institution of the suit. The deceased 1st plaintiff was the only daughter and she had a brother, by name Narayana Udayar. On the death of Muthammal, her right over the ‘A’ Schedule property devolved on her and h er brother Narayana Udayar in equal share. Narayana Udayar died and his half share devolved on his widow, the 1st defendant and his daughters-defendants 2 and 3. The 1st plaintiff claimed half right in ‘A’ Schedule property. In regard to ‘B’ Schedule property, it originally belonged to her father Muthu Udayar. After his death, his right over the property devolved on his widow and his only son Narayana Udayar. On the death of Muthammal, her right over the property devolved on her son and the daught






















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