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2021 Supreme(Mad) 1062

P.T.ASHA
V. Periyasamy (Died) – Appellant
Versus
Minor Sivasubramaniam – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.N.Manoharan
For the Respondent: Mr.V.Ayyadurai, Senior Counsel

JUDGMENT :

This Second Appeal has been admitted on the following substantial questions of law:

    "(i). Whether the item No.1 of the suit property have trapping of coparcener Property, if so, whether Sections 6 or 8 of the Hindu Succession Act will apply, regarding devolution of the property ? and

(ii). Whether the Lower Appellate Court was right in holding Item No.2 of the Suit property blending with the hotch pot of the Item No.1 of the property? "

2. The appeal filed by defendants 1 and 2 in the suit O.S.No.67 of 2006 on the file of the Principal District Munsif Court, Erode has given rise to these questions. In order to appreciate the point in issue it is necessary to allude briefly to the facts giving rise to the suit.

3. The 1st respondent/plaintiff claiming to be the son of the 2nd defendant out of his wedlock with one Chitra @ Tamilselvi had filed the above suit for partition of his 1/6th share in the suit properties. The plaintiff has come to Court stating that the suit 1st Item of property was purchased by his paternal great grand father Vembanna Gounder and after his demise intestate the property had devolved on his son the 1st defendant i.e., the paternal grand father of the p

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