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2012 Supreme(Mad) 2663

S.PALANIVELU
Mary Jecintha – Appellant
Versus
Joseph Mary – Respondent


Advocates Appeared:
For the Appellant:R. Balakrishnan, Advocate.
For the Respondents:R5, M.V. Venkataseshan, R8, TRK. Kumarasingh, Advocate.

Judgment :-

1. The appeal is preferred against the judgment and decree of the learned II Additional Subordinate Judge, Villupuram made in O.S.No.24 of 1998 dated 27.02.2003.

2. The following are the allegations in short available in the plaint:-

The suit property belonged to one Periyanayagam, who died intestate on 9.2.1984. His legal representatives are his wife, the first defendant , his daughters namely, the plaintiff and defendants 2 to 4 and 3 sons namely, defendants 5 to 7. The schedule property situate at villupuram,purchased by periyanayagam under the registered Sale deed dated 21.1.1976. After the death of father, the plaintiff and the defendants 1 to 7 (legal heirs) are each entitled to 1/8th share in the schedule property as they are Christians. The suit property is managed by the 5th defendant who is residing at Villupuram and the mother is living with the 7th defendant at Mugaioor. The plaintiff had been insisting the 5th defendant to effect an amicable division of property by meats and bounds and allot her legitimate 1/8th share in the schedule mentioned properties, but the 5th defendant with ulterior motive had beed dodging to effect the division of the properties und































































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