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2018 Supreme(Mad) 267

R.SUBRAMANIAN
Prema Suryanarayanan – Appellant
Versus
S. Venkataraman – Respondent


Advocates Appeared:
For the Plaintiffs :Ragul Balaji, M/s. Satish Parasaran, Advocates.
For the Defendants :Yashodhavardhan, Senior Counsel, P. Sesubalan Raja, P.B. Balaji, Advocates.

JUDGMENT :

1. The plaintiffs who were the daughters of one Sambasivam who died intestate on 05.11.1971 have come forward with the present suit seeking partition and separate possession of their 2/5th [1/5th each] share in the suit property.

The brief averments in the plaint are as follows:-

2. The suit property belonged to one Sambasivam, the father of the plaintiffs, defendants 1 and 2, father-in-law of the 3rd defendant and grandfather of the 4th defendant. The said Sambasivam died intestate on 05.11.1971 leaving behind his wife Jayalakshmi, three daughters viz., Prema - 1st plaintiff, Meenakshi - 2nd plaintiff, Subbalakshmi who died in 1990 and two sons viz., Venkataraman - 1st defendant and Rajaraman - 2nd defendant. According to the plaintiffs, Jayalakshmi W/o. Sambasivam died intestate in 1998. Therefore, according to the plaintiffs, the plaintiffs and the defendants 1 and 2 would each be entitled to 1/5th share and the remaining 1/5th share of Subbalakshmi would devolve on the defendants 3 and 4 being her husband and only son. On the above averments the plaintiffs seek a preliminary decree for partition of the suit properties. It is also claimed that the 1st defendant being the


















































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