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2018 Supreme(Mad) 498

G.JAYACHANDRAN
Srinivasan – Appellant
Versus
K. R. Adimoola Naicker – Respondent


Advocates Appeared:
For the Appellants :B. Singaravelu, Advocate.
For the Respondents:G. Thanigaivel, Perumbulavil Radhakrishnan, S. Hariharan, Christoper Vijay, Advocates.

JUDGMENT :

1. The plaintiffs, who have lost their suit for partition and consequential permanent injunction before the trial court and the first appellate court are the appellants herein.

2. Background of the litigation:

Adimoolam Naicker is the first defendant in the suit. He had four sons and one daughter. The suit schedule property measuring to extent of 6.50 acres was purchased by him from one Karunakaran vagaiyara in the year 1983 and 1984. The revenue records are in his name and kist is paid in his name. He had entered into a sale agreement with one U.Shridar and had received advance of Rs.10 lakhs from him. In the said sale agreement his son Srinivasan, one of the plaintiff and his wife Kannammal had signed as witnesses.

3. The suit for partition initially filed by all his sons and daughter claiming 1/6 share each. Later, except two sons Srinivasan and Jaganathan, his all other children and legal heirs of pre-deceased son Venkatesan have transposed themselves as defendants and sail with Adimoolam. On considering the evidence placed by rival parties, both the Courts below had held against the plaintiffs, since they have not proved the suit property was the joint property of the f





















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