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2014 Supreme(Mad) 190

R.S.RAMANATHAN
K. C. Periyakulandai Raja (Died) – Appellant
Versus
Jayalakshmi Ayal – Respondent


Advocate Appeared:
For the Appellants:S. Parthasarathy, Senior Counsel for M/s. Sarvabhauman Associates, Advocates.
For the Respondents:R1 to R4, K. Chandrasekaran, Advocate, R5 to R9, No appearance.

JUDGMENT

1. The plaintiff in O.S.No.192 of 1992 on the file of the Subordinate Court, Ariyalur is the appellant. The plaintiff filed the suit for partition of his half share in the plaint Items 1 to 7 and 9 to 13, and 1/3rd share in item 8, and also for mesne profits.

2. The defendants filed counter claim claiming half share in the properties mentioned in the schedule to the written statement and also claimed 2/3rd share in Item 8 and also disputed the description of property in Items 9 to 13. The Trial Court granted preliminary decree granting half share to the plaintiff in Items 1 to 7, 11 to 13 of the plaint schedule and also half share in Items 14 to 29 in the properties mentioned in the schedule to the written statement and also 1/3rd share in Items 8 & 9, and also granted preliminary decree in favour of the defendants 1 to 8 in respect of half share in items 14 to 29 in respect of the properties mentioned in the schedule to the written statement. Aggrieved by the same, this appeal is filed by the plaintiff.

3. The case of the plaintiff is as follows:-

The property was originally owned by Kachchi Chinna Nallappa Kalakka Thozha Udaiyar. His wife was Thairyalakshmi Ayal. He had four





























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