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2016 Supreme(Mad) 174

M.DURAISWAMY
Meenambal – Appellant
Versus
Shantha – Respondent


Advocates Appeared:
For The Appellants : Mr. S.V. Jayaraman, Senior Counsel for Mr. S. Rajasekar
For The 1st Respondent: Mr. A. Muthukumar
For The Respondents 3 & 5: Mr. K.V. Sundarajan
For The Respondents 7 & 9: Mr. G. Senthil Kumar

JUDGMENT :

The above appeal arises against the judgment and decree passed in O.S.No.110 of 1999 on the file of Additional Subordinate Judge, Mayiladuthurai. The defendants 1 to 6 are the appellants. The first respondent is the plaintiff. The respondents 6 to 9 are the legal representatives of the deceased second respondent, who was the seventh defendant in the suit. The third respondent is the 8th defendant. The 4th respondent, who was the 9th defendant had died during the pendency of the appeal and the 5th respondent was recorded as the legal representatives of the 4th respondent.

2. The Cross Objection has been filed by the defendants 8 to 10, claiming 1/5th share in the suit properties.

3. The plaintiff filed a suit in O.S.No.110 of 1999 to declare that she is entitled to 1/5th share in the suit property and for separate possession in respect of her 1/5th share and for other reliefs.

4. The brief case of the plaintiff is as follows:

According to the plaintiff, she and the defendants 7 and 8 are the daughters of one Kanagasabai Nadar and Thirupurasundari Ammal.

The said Kanagasabai Nadar died intestate on 22.05.1973 and his wife died on 28.11.1989. The said Kanagasabai Nadar and










































































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