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2019 Supreme(Mad) 1830

T.RAVINDRAN
N. Mani – Appellant
Versus
Babyammal – Respondent


Advocates Appeared:
For the Appellant :R. Natarajan, Advocate.
For the Respondent:T.P. Prabhakaran, Advocate.

JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of C.P.C., against the judgment and Decree dated 30.10.2015 passed in A.S.No.3 of 2015 on the file of the II Additional District and Sessions Judge, Vellore at Ranipet, Vellore District, confirming the judgment and preliminary decree passed in O.S.No.36 of 2006 dated 19.12.2014 on the file of the Subordinate Judge, Ranipet.)

1. In this Second Appeal, challenge is made to the judgment and decree dated 30.10.2015 passed in A.S.No.3 of 2015 on the file of the II Additional District and Sessions Court, Vellore at Ranipet, confirming the judgment and decree dated 19.12.2014 passed in O.S.No.36 of 2006 on the file of the Subordinate Court, Ranipet.

2. The Second Appeal has been admitted on the following substantial questions of law:

i. Whether the Courts below have committed legal error in admitting and clubbing the “B” Schedule property belonged to mother Valliammal in the partition claim, by construing as joint family property, ignoring section 14(1) of the Hindu Succession Act, 1956?

ii. Whether the Courts below have committed legal error in countenancing the claim of the respondent/plaintiff for partition with regard to “B” schedul

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