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2016 Supreme(Mad) 3045

K.RAVICHANDRABAABU
Ashokarajan – Appellant
Versus
Padmarajan – Respondent


Advocates Appeared:
For the Appellant : Mr. T. Murugamanickam
For the Respondent: Mrs. Chitra Sampath, Senior Counsel, for M/s. R.Bharath Kumar

JUDGMENT :

The appellant in both the appeals is the first defendant in a suit for specific performance directing the first defendant to execute a partition deed as per partition agreement dated 25.11.2000 and to declare the settlement deed dated 29.04.2003 executed in favour of the first defendant by his father as null and void or in the alternative to partition the suit properties into two equal shares and allot one such share to the plaintiff. The first respondent herein is the plaintiff in the said suit.

2. The case of the plaintiff is as follows:

The plaintiff and the first defendant are the sons of one Sri Raman Chettiar and the defendants 2 to 9 are the tenants in the suit properties. The plaintiffs father purchased the suit properties and developed the same with the contributions of the plaintiff. The first defendant never contributed any amount to purchase or develop the suit properties. The plaintiff was well placed and has a lucrative private practice and thus helped monetarily his father and the first defendant whenever required. The plaintiffs father due to his old age used to stay with the first defendant and taking such situation, the first defendant got a registered Wil









































































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