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2017 Supreme(Mad) 37

N.SATHISH KUMAR
G. Saraswathi – Appellant
Versus
K. Ganesan – Respondent


Advocates Appeared:
For the Plaintiffs : Mr. R. Damodaran
For the Defendants : Mr. M. Madhu Prakash

JUDGMENT :

The suit is filed for partition and separate possession of the plaintiffs 4/6th share in the properties morefully described in the 'A' and 'B' schedule below after division of the properties by metes and bounds.

2. The brief facts of the case of the plaintiffs are as follows:

(i) According to the plaintiffs, their father, viz., Kanniappa Naicker inherited an extent of 2128 sq.ft. of land from his late father, viz., Murugesa Naicker as his share at Door No. 21/23 at Mettu Street, Ayanavaram, Chennai with a right to use common passage of 40'x 4' in Paimash No. 1036/2 and T.S. No. 14, Block No. 29, Patta No. 1665 along with his brother, viz., Panchatchara Naicker, vide a Deed of partition dated 15.04.1964, registered as Document No. 1264/64 at S.R.O., Sembium. The said Kanniappa Naicker had been in possession and enjoyment of the said 2128 sq.ft. land without any interruption.

(ii) The plaintiffs state that though the Kanniappa Naicker had two sons and 4 daughters, he has settled the inherited property dividing it into two halves settling 1124 sq.ft. in the name of his el


















































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