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2020 Supreme(Mad) 78

S.M.SUBRAMANIAM
Gajarajan – Appellant
Versus
S. Gandhimathi Selvam – Respondent


Advocates Appeared:
For the Appellant:V. Raghavachari, Advocate. For the Respondent:M. Sivavarthanan, Advocate.

JUDGMENT

(Prayer: Appeal Suit filed under Section 96 Read with Order 41, Rule 1 of the Code of Civil Procedure, against the judgment and decree in O.S.No.3 of 2016 dated 4th June 2018, on the file of the III Additional District Court, Vellore at Tirupattur.)

1. The appeal suit is directed against the judgment and decree passed in O.S.No.3 of 2016 dated 04.06.2018.

2. The defendant is the appellant in the appeal suit and the respondent/plaintiff instituted a suit for partition and separate possession of plaintiff's half share in the suit properties and for grant of permanent injunction against the defendants from alienating and encumbering the share of the plaintiff and for costs.

3. The facts in brief as narrated in the plaint are as follows:

The plaintiff is the sister of the defendant. One Chinnakannammal was the mother of the plaintiff and the defendant. The plaintiff’s mother Chinnakannammal purchased the 4th item of the suit property for a valid sale consideration on 17.02.1963 and enjoyed the same till her death. The 1 to 3 items of the suit properties were originally belonged to the plaintiff’s grand father Subbaraya gounder. He executed a settlement deed in favour of the plainti

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