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2018 Supreme(Mad) 3953

S.M.SUBRAMANIAM
Nainamalai (Died) – Appellant
Versus
S. Ramasamy – Respondent


Advocates Appeared:
For the Appellant :N. Manokaran, Advocate.
For the Respondent:K. Vasu Venkat, Advocate.

JUDGMENT :

1. The Second Appeal on hand is preferred against the judgment and decree passed by the Trial Court in O.S.No.387 of 1991 dated 25.7.1994, confirming the same by the First Appellate Court in A.S.No.10 of 1995 dated 31.7.2003.

2. The ranking of the parties are referred as per the ranking assigned before the Trial Court.

3. The plaintiffs are none other than the brother of the defendant. Originally the defendant Shri.Nainamalai passed away and subsequently his legal heirs were impleaded as parties in the Second Appeal. The plaintiffs filed the suit in O.S.No.387 of 1991 on the file of the District Munsif Court, Rasipuram, claiming 2/3 share in the suit schedule property from the defendant.

4. It is contended that the properties in question were purchased in the name of Smt. Pothammal, who is the mother of the plaintiffs as well as the defendant. Two properties were purchased in the name of Smt. Pothammal on 19.12.1968 and on 21.4.1969, which were marked as Ex.B-1 and Ex.B-2 respectively in the civil suit.

5. It is an admitted fact that the said two properties were purchased in the name of Smt. Pothammal and the said Smt.Pothammal is the mother of the plaintiffs as well as the d










































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