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2015 Supreme(Mad) 3645

S.VIMALA
Tamilkodi – Appellant
Versus
N. Kalaimani – Respondent


Advocates Appeared:
For the Appellant : V. Raghavachari.
For the Respondent: M.V. Karunakaran for K. Vennila.

JUDGMENT :

S. Vimala, J.

1. The suit has been filed by the plaintiff claiming 1/3rd share in respect of the suit property through partition.

2. The suit property is located at Door No. 3, III Cross Street, Lake area, Nungambakkam, ground measuring 2560 sq.ft. with construction of three floors of an area of 3330 sq.ft.

3. Brief Facts:-

(i) The Plaintiff and the defendants (D1 and D2) are the legal heirs of late N. Natarajan and Ponnammal. The Plaintiff's father died on 01.01.2010. The plaintiff is the eldest daughter. Out of hardwork, the plaintiff earned a lot and substantially contributed the same to her father towards purchase of the suit property. However, she is not asserting any independent right except as the heir of her deceased parents.

(ii) After the death of the father, the plaintiff issued notice dated 05.11.2010 seeking partition of the suit property. The first defendant issued a reply dated 25.11.2010 stating that he is not willing for effecting any partition. Hence, the plaintiff was compelled to file the suit.

4. The Brief averments made in the written statement of the first defendant:-

(i) The suit property originally belonged to the plaintiff's father by virtue of the sale


















































































































































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