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2015 Supreme(Mad) 2278

R.MALA
Kaliamoorthy – Appellant
Versus
Jothimani – Respondent


Advocates Appeared:
For Appellants : Mr.S.Sounthar
For Respondents: Mr.A.Muthukumar

JUDGMENT

This second appeal arises out of the Judgment and Decree dated 07.02.2003 in A.S.No.58 of 2002 on the file of the Additional Sub Court, Mayiladuthurai, confirming the Judgment and Decree dated 28.03.2002 in O.S.No.470 of 1997 on the file of the Additional District Munsif Court, Mayiladuthurai.

2.The averments made in the plaint are as follows:-

The suit property along with another property was purchased by the father of the plaintiffs, namely, Kanagasabai under a registered sale deed dated 03.06.1951 from one Ramalinga Padayachi and he was in possession and enjoyment of the suit property. The said Kanagasabai died intestate leaving behind the first defendant and his three daughters/the plaintiffs as legal heirs. The plaintiffs and the first defendant are entitled to ¼ share each in the suit property. Since the first defendant was the eldest in the family and the plaintiffs were married and lived in their matrimonial house, patta for the suit property was transferred in the name of the first defendant. In respect of the other property found in the sale deed dated 03.06.1951, the plaintiffs and the first defendant have made amicable arrangements between themselves. The first


















































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