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2008 Supreme(Mad) 31

R.BANUMATHI
C. E. Sulochana and Others – Appellant
Versus
C. E. Sathyanarayana Reddy – Respondent


Advocates Appeared:
A. Venkatesan, for Applicants/Defendants.
R. Kannan, for respondent/Plaintiff.

Judgment :

R. BANUMATHI, J.

Whether even on the Plaint averments the Suit is to be rejected is the question raised for consideration in this Application.

2. The respondent/plaintiff has filed the Suit for partition and separate possession of his l/5th share in the Suit Schedule Items (1) and (2) properties on the basis that the properties are the joint family properties of his father C.E. Reddi and therefore, he is entitled to 1/5th share. The first defendant/C.E. Sulochana has filed this Application to reject the Plaint. For convenience, the Parties are referred to in their original rank in the Suit.

3. The plaintiff and defendants 2 to 4 are the sons and daughters of C.E. Reddi and the first defendant-C.E. Sulochana. The Suit property comprises of two items of valuable properties in Lake Area, Nungambakkam. Item (1) relates to 3 Grounds and 244 sq.ft. together with the building built upon Ground and First Floor bearing New No. 7. Second item comprises of two Grounds together with the Building thereon. Item (1) was purchased from Madras Property Investment Corporation Limited by C.E. Reddi in the name of first defendant-C.E. Sulochana by a Sale Deed dated 6.8.1956. The Item (2) w












































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