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2014 Supreme(Mad) 4554

R.MAHADEVAN
Sellayi (Deceased) – Appellant
Versus
Valliammal – Respondent


Advocates Appeared:
Mr. M.S.Krishnan, Senior Counsel for Mr. B.R.Sankaralingam
Mrs. Hema Sampath, Senior Counsel for M/s. R.Meenal

JUDGMENT

Defendants, who succeeded before the Trial Court but, failed in appeal, are the appellants in the second appeal.

2. The case of the plaintiffs before the Trial Court was that the plaintiffs/married daughters, the deceased Ganesan and 6th defendant are the children of the first defendant and her husband, the deceased Palaniappa Gounder. The second defendant is the wife of the said deceased Ganesan and the defendants 3 to 5 are their children. The first defendant and her husband, during the life time of the latter, purchased immovable properties jointly out of their joint earnings and by partition deed dated 23.07.1999, they have been allotted ''A'' schedule property and they were in joint possession and enjoyment till the death of the latter. Thereafter, the first defendant was enjoying her undivided half share of the suit property. During the life time of Palaniappa Gounder, he and his wife/first defendant partitioned orally substantial portion of their properties retaining the first item of the suit property in her possession and occupation and had become divided from their sons, second defendant and the deceased Ganesan. In the suit properties, the said Palaniappa Gounder









































































































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