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2018 Supreme(Mad) 4052

T.RAVINDRAN
Periyakal – Appellant
Versus
Chinnana Gounder – Respondent


Advocates Appeared:
For the Appellant :K. Sukumaran, Advocate
For the Respondents:N. Manokaran, Advocate

JUDGMENT :

1. In this Second Appeal, challenge is made to the judgment and decree dated 02.08.2013 passed in A.S.No.1 of 2007 on the file of the Subordinate Court, Bavani reversing the judgment and decree dated 31.10.2006 passed in O.S.No.418 of 2005 on the file of the Principal District Munsif Court, Bavani.

2. The second appeal has been admitted on the following substantial questions of law.

(a) Whether or not the 1st appellate court is correct in decreeing the suit for partition on the basis of the Will dated 09.08.1965 and the cause of action to file the suit for partition arose in the year 1989 itself on the death of life estate holder Muniammal, when the suit hopelessly barred by limitation?

(b) Whether or not the I Appellate court is correct in decreeing the suit for partition when the sale deed dated 28.02.2000 in favour of this appellant has not been set aside by means of declaratory relief?

(c) Whether or not the I Appellate Court is correct in decreeing the suit for partition on the basis of the misinterpretation of the Will dated 09.08.1965?

3. Considering the scope of the issues involved between the parties as regards the subject matter lying in a narrow compass, it is unnec
















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