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2012 Supreme(Mad) 1267

T.RAJA
P. Arul – Appellant
Versus
P. Sekaran – Respondent


Advocates appeared:
For the Appellants:S.N. Ravichandran, Advocate.
For the Respondent:R. Margabandhu, Advocate.

JUDGMENT

1. The present second appeal has been brought by the second defendant and his four sisters, aggrieved by the judgment and decree passed by the learned first appellate Court in A.S. No.40 of 2006, dated 26.10.2006, reversing the judgment and decree passed by the learned trial Court in O.S.No.423 of 2004, dated 30.06.2005.

2. The facts leading to the filing of the second appeal is given as under:-

One M. Peethambaram had two sons and four daughters. The plaintiff is the elder son and the second defendant is the younger son. The said M.Peethambaram was the son of Murugammal, who had three sons, namely, Peethambaram, Arumugam and Velu. It is an admitted case of both sides that the suit property was originally allotted to the mother of the first defendant by the Government in the year 1953, admeasuring 30x90' (2700 sqft). Since the first defendant's mother, Late Murugammal, had three sons and one of her sons, Mr.Arumugam, being DIG of Police, graciously relinquished his share. Therefore, the said Murugammal, had allotted half share (15x90') to the first defendant and another half share (15x90') allotted to Velu, who is the third son of Murugammal. The first defendant, after r


















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