2019 Supreme(Mad) 2901
N.SATHISH KUMAR
K. Narayanasamy – Appellant
Versus
K. Thulasiraman – Respondent
Advocates:
Advocate Appeared:
For the Appellant : Mr.S.Sadasharam
For the Respondents: Mr.S.B.Faziuddin, Mr.R.Jayaselan, Adv.
JUDGMENT :
Aggrieved over the concurrent finding of the Courts below in dismissing the suit filed by the plaintiff for partition, the second appeal has been filed.
2. The parties are arrayed as per their own ranking before the trial Court.
3. The brief facts of the plaintiff case is as follows :
The suit property was allotted to the father of the plaintiff Krishansawmy on lease cum sale basis by the sixth defendant. He was employed in B & C Mill. He was regularly paying the lease amount. He retired from service on 13.06.1981. After his retirement, he settled the entire amount towards the allotment. The plaintiffs and the first defendant were living together as joint family. The father of the plaintiff died on 15.08.1998 leaving behind the plaintiffs, the first defendant, his deceased daughter Renuka, the deceased wife of the second defendant and the deceased mother of the defendants 3 to 5 as his legal heirs to succeed the estate of Krishnasamy, namely the suit property. The mother of the parties also died on 22.06.1987. The daughter of Krishnasamy died in May 2003 leaving behind the defendants 2 to 4. Before his death, the deceased Krishnasamy was making payments towards the monthly l
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