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2009 Supreme(Mad) 2206

M.M.SUNDRESH
M. Kothai Achi alias Chellammai Achi – Appellant
Versus
PL. Manickam – Respondent


Advocates Appeared:
S. Subbiah, for Appellant
M. Thikvijayapandian, for Respondents

JUDGMENT

M.M. SUNDRESH, J.

The appellant herein, is the plaintiff in the suit has preferred the appeal against the judgment and decree made in O.S. No. 84 of 1994 dated 11.7.1995, on the file of the Subordinate Judge, Devakkottai.

2. The brief case of the plaintiff in a nutshell is as follows:

(a) The plaintiff and the first defendant in the suit are children of one R.M.K. Palaniappa Chettiar. The said R.M.K. Palaniappa Chettiar died on 17.5.1988, leaving behind the plaintiff, the first defendant and their mother Lakshmi Aachi. The suit properties except Item 2 are the self acquired properties of Palaniappa Chettiar. There is no other properties except Item 2 as ancestral property and the said property being the house, there is no income from the same. Item No. 3 of the suit properties are the jewels and the plaintiff is entitled to 1/3th share out of the Items 1 and 3 of the suit properties and 1/6th share out of the Item 2 of the suit properties.

(b) After the death of their father, R.M.K. Palaniappa Chettiar, the plaintiff asked the first defendant for partition of the jewels as per the caste custom but the first defendant has refused to part with any of them. The key for the room in









































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