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2018 Supreme(Mad) 1169

M.DHANDAPANI
Rajendran – Appellant
Versus
Saroja – Respondent


Advocates Appeared:
For the Appellant : M/s. R. Meenal
For the Respondents: M/s. R. Sunilkumar

JUDGMENT :

1. Suit for partition and separate possession.

2. The second defendant is the appellant, who lost the case before the lower appellate court and has filed the present Second Appeal.

3. For the sake of convenience, the parties are referred to as per the rankings in the lower court.

4. The averments contained in the plaint, in brief, are as follows:

(a) The first plaintiff is the wife of one Manokaran who passed away on 06.08.1990 and the defendants 2 to 5 are the sons and daughters of the said Manokaran. The plaintiffs filed the suit for partition claiming one-third share in the 'A' schedule property and Item Nos. 1 to 9 and 13 belonging to the joint family of Narayanasamy Naidu/first defendant therein and his two sons are claiming half share in Item No.10 and one-fifth share in Item Nos.11 and 12 and one-third share in the 'B' schedule property movables.

(b) The first defendant had two sons viz., Rajendiran and Manokaran and two daughters viz., Rajalakshmi and Vasantha. The suit items absolutely are the properties of the second defendant and his brother Manoharan who got them by deed of exchange. The suit item Nos.11 and 12 belonged to one Muniammal, the wife of Narayanaswamy N











































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