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2016 Supreme(Mad) 3063

S.S.SUNDAR
R. Saratha – Appellant
Versus
S. Krishnaveni – Respondent


Advocates Appeared:
For the Plaintiff : Mr. G.Sridharan
For the Defendant : Mr. Raghuvaran Gopalan

JUDGMENT :

The plaintiffs in the suit in O.S.No.13 of 2005 on the file of the First Additional District Judge, Trichy, are the appellants in the above First Appeal.

2. The appellants have filed the suit for partition and separate possession of their ½ share in the suit property. The suit property is a house plot measuring an extent of 3,600 square feet in T.S.No.2067 (Old) and New T.S.No.17.

3. The brief facts as set out in the plaint are as follows:

3(a). The suit property belonged to one B.Ramamoorthy Iyer and his brother B.Sundaresa Iyer by virtue of a sale deed dated 01.07.1970. The plaintiffs are the wife and children of B.Ramamoorthy Iyer. Since B.Ramamoorthy Iyer died on 17.01.2002, the plaintiffs, who are the legal heirs of B.Ramamoorthy Iyer, is entitled to ½ share in the suit property.

3(b).The defendants are the widow and children of B.Sundaresa Iyer who is the joint owner purchased the suit property along with B.Ramamoorthy Iyer.

4. The defendants filed a written statement inter alia contending as follows:

4(a). Though the brothers B.Ramamoorthy Iyer and B.Sundaresa Iyer purchased the properties jointly under the sale deed dated 01.07.1970, they are not the exclusive owners of
















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