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2017 Supreme(Mad) 539

N.SATHISH KUMAR
Valarmathi Mariyan – Appellant
Versus
Palkees Ummal – Respondent


Advocates Appeared:
For the Appellant : Mr. A. Tamil Vanan.
For the Respondents: Mr. D. Bharatha Chakravarthy.

JUDGMENT :

The unsuccessful plaintiff, in O.S.No.12 of 2009, on the file of the Additional District Judge, Puducherry, is the appellant herein.

2. For the sake of convenience, the parties are referred to, as per their ranking before the trial Court.

3. The plaintiff filed a suit in O.S.No.12 of 2009, before the learned Additional District Judge, Puducherry, for partition of 1/8th share in the suit properties and for mesne profits with cots.

4. After contest, the suit was dismissed.

5. The brief facts of the case of the plaintiff are as follows:

The plaintiff is the second wife of the deceased Hameed Sulthan. She married the said Hameed Sulthan on 01.01.1981 at Nagore as per the Muslim law. After marriage, the plaintiff was living with the said Hameed Sulthan till 1997. Thereafter, she was deserted and as a result, she filed maintenance case in M.C.No.34 of 1997. In the said maintenance case, compromise was reached between the plaintiff and the said Hameed Sulthan and the plaintiff received Rs.20,000/- as maintenance. The said Hameed Sulthan, the husband of the plaintiff died on 20.3.2008 leaving behind the plaintiff and the defendants as his legal heirs. Since the suit property was purch
























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