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2013 Supreme(Mad) 2535

A.SELVAM
Mariammal – Appellant
Versus
Subbuthai – Respondent


Advocates:
Advocate Appeared:
For the Appellants:B. Rajesh Saravanan, Advocate.
For the Respondents:R1, T.V. Sivakumar, Advocate, R2 & R3, No Appearance.

Judgment :-

1. This Second Appeal has been directed against the Judgment and decree dated 20.01.2009 passed in Appeal Suit No.70 of 2007 by the Sub Court, Kovilpatti, wherein the Judgment and decree dated 12.03.2007 passed in Original Suit No.86 of 2005 by the District Munsif Court, Kovilpatti are reversed.

2. The first respondent herein as plaintiff has instituted Original Suit No.86 of 2005 on the file of the trial Court for the reliefs of partition and separate possession of her half share in the suit property, wherein the present appellants and respondents 2 and 3 have been arrayed as defendants.

3. The contraction of the plaint is stated like thus: The plaintiff and defendants 1 and 2 are sisters and their father's name is Gurusamy Naicker. The suit property and some other properties are originally belonged to the said Gurusamy Naicker and his two brothers namely Kandasamy Naicker and Krishnasamy Naicker and prior to 40 years a partition has been effected amongst three brothers, wherein the suit property has been allotted to the share of the father of the plaintiff and defendants 1 and 2. The first defendant has been given in marriage in the year 1980 and the second defendant h









































































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