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2012 Supreme(Mad) 4629

P.R.SHIVAKUMAR
P. Doraikannu – Appellant
Versus
P. Istalingam – Respondent


Advocates appeared:
For the Petitioner:R. Singaravelan, Advocate.
For the Respondent:T. Sathiyamoorthy, Advocate.

Judgment :-

The plaintiff in the original suit is the appellant in the present second appeal. The defendant in the original suit is the respondent in the second appeal. For the sake of convenience, the parties are referred to in accordance with their rankings in the suit.

2. The plaintiff Doraikannu and the defendant Istalingam are brothers. Admittedly, they were the members of Undivided Hindu Joint family, which became disrupted in the year 1994. By a registered deed of Partition dated 12.09.1994, the plaintiff and the defendant effected a division of the properties, which they owned jointly as joint family properties. The said document was registered as document No.643 of 1994 on the file of the Sub Registrar, Tamal. It is also an admitted fact that the mother and daughter of the parties relinquished their shares in the properties of the family. In the said partition, a house and vacant site appurtenant to the house in entirety were allotted to the share of the defendant. In addition, he was also allotted an equal share in the agriculture land belonging to the family. The total extent of agriculture land was 4.50 acres. The plaintiff was allotted 2.25 acres, whereas the defendant
























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