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2018 Supreme(Mad) 1371

R.SUBRAMANIAN
S. Rathinammal – Appellant
Versus
C. Chamundeeswari (since deceased) – Respondent


Advocates Appeared:
For the Plaintiffs : Mr. K.V. Babu
For the Defendants : Mr. P.M. Bakthavatsalam, Mr. C. Shankar

JUDGMENT :

Suit for declaration of the Partition Deed, Settlement Deed and sale deed as null and void and for grant of a preliminary decree for partition and separate possession.

2. The brief averments in the plaint are as follows:

The suit properties originally belonged to one M.P. Subramania Mudaliar, being his self-acquisition. The said M.P. Subramania Mudaliar, had died on 28.12.1986, leaving behind four sons and his wife namely Kanniammal had predeceased him. The plaintiffs are the wife and children of one of the sons of M.P. Subramania Mudaliar, namely, S. Shanmugam, who died on 01.09.1990. The defendants 1 to 4 are the legal heirs of another son of M.P. Subramania Mudaliar, by name S. Chandrasekaran, the first defendant died pending suit and defendants 2 to 4 have been recorded as the legal representatives of the deceased first defendant. Defendants 5 and 6 are the other two sons of M.P. Subramania Mudaliar. Defendants 7 to 12 are the great grand children of the deceased M.P. Subramania Mudaliar, Defendants 13 to 16 are the purchasers of one item of the suit property from defendants 1 to 4 and 7 to 12, under a Sale Deed dated 29.08.2011.

3. According to the plaintiffs, it is onl

































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