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2010 Supreme(Mad) 4838

R.MALA
Arumugam – Appellant
Versus
Vellaiyan – Respondent


Advocates Appeared:
For the Petitioners:P. Mani, Advocate.
For the Respondents: No appearance.

Judgment :-

1. The Second Appeal has been filed against the judgment and decree dated 21.7.2001 in A.S.No.112 of 1999 on the file of the Subordinate Judges Court, Mettur, confirming the judgment and decree dated 10.2.1998 in O.S.No.81 of 1993 on the file of the District Munsif Court, Mettur.

2. The averments in the plaint are as follows:

Molaya Gounder was the owner of the properties in S.Nos.32/2 and 32/4. He had two sons, namely Kullavedi and Vedi; Kullavedi is the father of the first plaintiff and grandfather of the second plaintiff. Kullavedi and Vedi have partitioned the properties. The properties in S.No.32/2 and S.No.32/4 fell into the share of Kullavedi; the property in S.No.32/3A and another land fell into the share of Vedi. The plaintiffs are in possession and enjoyment of S.Nos.32/2 and 32/4; the first plaintiffs paternal junior uncle is Vedi and the said Vedis sons are Palaniappan, Molaya Gounder, Subramanian, Arumugam and Nagappan and they sold the share of property in S.No.32/3A and another portion to the first defendant in 1962, from the date of oral partition, Kulla Vedi and Vedi used all the mamool way at the field; subsequent to the oral partition, there was a ro























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