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2012 Supreme(Mad) 1564

R.S.RAMANATHAN
Thananjayan @ Murugesan – Appellant
Versus
Palani @ Boologanathan (Died) – Respondent


Advocates Appeared:
For the Appellants:Mr. G. Masilamani, Senior Counsel for M/s. G.M. Mani Associates Advocate.
For the Respondents:R2 to R4, Mr. S. Subbiah, Advocates.

Judgment :-

1. One Chakrapani Gounder @ Amavasai, the native of Pondicherry, had three sons and two daughters. The daughter Anandammal @ Chandrakanni, predeceased the father, leaving behind her children, who were arrayed as defendants 4 to 7 in O.S.No.1462 of 1986 and defendants 7 to 10, in O.S.No.412 of 1987, on the file of the II Additional District Munsif, Pondicherry. The three sons are i) Thananjayan @ Murugesan, ii) Palani @ Boologanathan, & iii) Govindan and the other daughter is Anusuya.

2. The son Thananjayan @ Murugesan filed a suit in O.S.No.1462 of 1986, to set aside the donation deed, dated 6.11.1985, executed by his father Chakrapani Gounder @ Amavasai, in favour of his brother Palani @ Boologanathan, on the ground of fraud, or in the alternative, to declare that the donation deed is valid only to the extent of 1/8 share of Chakrapani Gounder @ Amavasai and not valid in respect of 7/8 share. In that suit, viz., the suit in O.S.No.1462 of 1986, Chakrapani Gounder @ Amavasai, his father, was arrayed as the first defendant, his brother Palani @ Boologanathan, as the second defendant, his sister Anusuya as the third defendant and his other brother Govindan as the eighth d

























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