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2012 Supreme(Mad) 3956

R.BANUMATHI, R.SUBBIAH
P. Vijayalakshmi – Appellant
Versus
P. Susheela – Respondent


Advocates Appeared:
For the Appellant:S.L. Sudarsanam, Advocate.
For the Respondents:V. Lakshmi Narayan, Advocate.

JUDGMENT

R.BANUMATHI, J.

1. Being aggrieved by the preliminary decree for partition directing division of suit properties into six shares and allot one such share to the Plaintiff, the Plaintiff has preferred this appeal. For convenience, parties are referred as per their array in the suit.

2. Plaintiff and 2nd Defendant – Shanmugam are the daughter and son of late Purushotham Chettiar and 1st Defendant. The suit properties were allotted to Purushotham Chettiar under Ex.A2 – family partition deed dated 9.9.1962 in which Purushotham Chettiar was allotted 'C' Schedule properties. During the life time of Purushotham Chettiar, he was in enjoyment of the suit properties and was collecting the rental income from various tenants. Plaintiff got married in the year 1981-1982.

3. Case of Plaintiff is that her father was always attached to her as she was the only daughter in the family. Purushotham Chettiar died intestate on 30.11.2001 leaving the Plaintiff and the Defendants to succeed his estate. Further case of Plaintiff is that after death of father – Purushotham Chettiar, Defendants were paying share of the rents and income to the Plaintiff and then all of a sudden they stopped paying an
























































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