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2021 Supreme(Mad) 2902

N.SATHISH KUMAR
Jeganathan – Appellant
Versus
Sellathurai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.P.Vinoth
For the Respondent: Mr.N.Satheesh Kumar

JUDGMENT :

Aggrieved over the concurrent findings of the Courts below, dismissing the suit filed for partition, the present Second Appeal is filed.

2. The parties are referred to as per their rank before the trial Court.

3. The brief fact, leading to file this Second Appeal, reads as follows:-

The suit property was originally owned by one K.Ramasamy Gounder, by virtue of the partition deed dated 29.02.1964. The said K.Ramasamy Gounder had a son viz., K.R.Ganesan. The said Ramasamy Gounder died long back leaving behind his one son K.R.Ganesan. The said K.R.Ganesan had a son viz., G.Amirthalingam. The said K.R.Ganesan, Son of Ramasamy Gounder, executed a settlement deed in respect of the property in favour of his son G.Amirthalingam retaining a right for enjoyment, till his life time. Therefore, G.Amirthalingam is absolutely entitled to the suit property. The said G.Amirthalingam has filed a suit in O.S.No.679 of 1987 for partition. The above suit was decreed for 1/3rd share. The plaintiff has purchased the 1/3rd share, out of total extent of 1.25 acres in S.F.No.125/7, situate at Appipalayam Village, Karur Taluk from K.R.Ganesan and his son Amirthalingam for valuable consideration, thro

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