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2012 Supreme(Mad) 1020

M.VENUGOPAL
L. Narayanan – Appellant
Versus
Munuswamy Gounder – Respondent


Advocates Appeared:
For the Appellants :Mrs. G. Thilagavathy, Advocate.
For the Respondents:P. Mani, Advocate.

Judgment :-

The Appellants/Plaintiffs have focused the present Second Appeal as against the Judgment and Decree dated 11.02.2000 in A.S.No.8 of 1998 passed by the Learned III Additional District Judge, Krishnagiri, in confirming the Judgment and Decree dated 29.11.1997 in O.S.No.324 of 1992 passed by the Learned District Munsif, Krishnagiri.

2. The First Appellate Court viz., the Learned III Additional District Judge, Krishnagiri, while dismissing the Appeal, has opined that 'in the present case during the year 1962, the 1st Plaintiff (1st Appellant in A.S.No.8 of 1998) (since deceased) has left the house stating that he does not require any share in the properties and also the rest of the Defendants/Brothers (Respondents) have remained has join family till 1972 and in between them, it is quite clear that a partition has taken place as per Ex.B.1 Partition Deed dated 07.07.1972 and also that after partitioning the properties among the Defendants (Respondents), the Defendants (Respondents) have created mortgage in respect of the properties, which have come into their hands and pattas have been created in their favour and also they have paid land tax receipts, which is evident from t




































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