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2018 Supreme(Mad) 148

R.SUBRAMANIAN
V. K. John – Appellant
Versus
Appu John (deceased) – Respondent


Advocates Appeared:
For the Plaintiff :Abrahom Markos for M/s. King & Patridge, Advocates.
For the Defendants :M/s. D.C. Harikumar, T.S. Venkatarman, T. Karthikeyan, K. Gopalakrishnan, Advocates.

JUDGMENT :

1. The plaintiff has filed the suit for the following reliefs:-

(i) To divide the immovable properties morefully set out in schedules 'A' and 'B' by metes and bounds by allotting to the plaintiff his 50% share.

(ii) To divide the movable properties morefully set out in schedule 'C' and 'D' and allot 50% share of the same to the plaintiff and

(iii) Directing the defendants to pay the costs of the suit.

2. According to the plaintiff, the suit properties belonged to late Mrs.Elie John, wife of V.K.John. The said Mrs. Elie John died on 01.03.1984 leaving behind her K.John(died), Leelie Seetharaman (2nd defendant) and Appu John(1st defendant).

3. The plaintiff is the son of K.John, who had died on 20.12.1985 leaving behind the plaintiff and sole legal heir entitled to succeed to the estate, namely 1/3rd share. The plaintiff's grand-mother had executed a Will on 02.02.1974 bequeathing the suit properties to the plaintiff, his paternal uncle Appu John and his aunt Leelie Seetharaman to be taken by them in equal shares. The said Appu John died intestate unmarried, the daughter Leelie Seetharaman died as a Hindu.

4. The plaintiff further claimed that Leelie Seetharaman died on 24.04.200












































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