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1993 Supreme(Mad) 56

SRINIVASAN, THANGAMANI
Sargunam Ammal – Appellant
Versus
Jayarama Padayachi – Respondent


Advocates Appeared:
For the Appellant:R. Doraisamy, Advocate.
For the Respondents:R1 - M.S. Sundararajan, Advocate.

Judgment :-

SRINIVASAN, J.

1. The second plaintiff is the appellant. She came on record as the legal representative of her deceased husband, who filed the suit for partition and separate possession for her 1/4th share in the suit properties. The properties belonged originally to the joint family of one Natesan Padayachi and his four sons. Natesan died in about 1940. His eldest son Narayanaswami died in 1945 and his son is the first defendant. The second defendant is another son of Natesa by a name Ramalingam. The first plaintiff was the third son of Natesan and he died after the institution of the suit on 15.9.1981. The fourth son of Natesan was Govindan, who died in 1970. His sons are defendants 3 and 4 and his wife is the fifth defendant. The family owned about 130 acres of India. The first plaintiff executed a settlement deed on 1.9.1984, marked as Ex. B.1 giving his undivided share to the first defendant to be enjoyed by him for his life and the remainder to be taken by his children absolutely. It was recited in the document that the first defendant shall maintain the first plaintiff and his wife, the second plaintiff during their lifetime. In 1972, the coparceners entered into a


























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