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2018 Supreme(Mad) 1779

N.SATHISH KUMAR
E. Arokiaraj Rocky – Appellant
Versus
E. Soosay Raj – Respondent


Advocate Appeared:
For the Plaintiff :C. Nithysh Sekhar, Advocate.
For the Defendant :S. Rajendra Kumar for M/s. Suresh & Associates, Advocates.

JUDGMENT :

1. This suit has been filed for partition and separate possession of the plaintiff's half share in the suit property and to render true and proper account in respect of the rental income derived from the schedule property from 30.12.2010, when the date of death of Mr.Edmond Soosai till the date of filing of this suit.

2. The brief facts leading to the filing of the suit is as follows:

The plaintiff is the brother of the defendant. The property was originally owned by their grand father one Maria Soosai. He has executed the Will dated 22.05.1978 in favour of his son and daughter, namely Edmond Soosai and Anna Mary Francis and he had also given life interest to his wife namely Adaikalam Mary, the plaintiff s grand mother. After the death of the said Adaikalam Mary and the testator, the plaintiff s father Edmond Soosai and sister Anna Mary Francis obtained probate in O.P.No.414 of 1985 from this Court. Thereafter, the son and daughter of the original attestator divided the properties equally. The intention of the testator of the Will was that the property should go to the grand children equally, sons of Edmond Soosai. At the time of execution of the Will, the defendant was age





























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