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2018 Supreme(Mad) 4375

S.BASKARAN
Andivel Chettiar – Appellant
Versus
Murugesan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :B. Prahalad Ravi, Advocate
For the Respondents:V. Meenakshi Sundaram, Advocate

JUDGMENT :

S. Baskaran, J.

1. This Second Appeal arises out of the Judgment and Decree dated 7.2.2014 passed by the learned District Judge, Dindigul, in A.S. No. 46 of 2011, reversing the Judgment and Decree dated 25.7.2011 passed by the learned Sub-Judge, Palani, in O.S. No. 30 of 2008.

2. Brief facts of the case is as follows:

The Suit property originally belonged to the grand mother of the Plaintiffs by name Rangammal. The said Rangammal along with his brothers Rangasamy Chettiar and Gurusamy Chettiar have purchased the Suit property and other properties on 2.9.1957. During their life time, the grand mother of the Plaintiffs, namely, Rangammal partitioned her 1/3rd share and she was in possession and enjoyment of the property. The said Rangammal died on 1.11.1971 leaving behind her Legal Heirs, namely, the mother of the Plaintiffs one Nachammal and her brother, the First Defendant herein. After that the said Nachammal, the mother of the Plaintiffs and the First Defendant jointly enjoyed the property. The mother of the Plaintiffs died on 10.3.2007 leaving behind her Legal Heirs. After the death of his mother, the Plaintiffs demanded Partition with the First Defendant. At that time, t

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