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2021 Supreme(Mad) 2833

N.SATHISH KUMAR
P. L. Lakshmanan – Appellant
Versus
P. L. R. M. Arunachalam Chettiar (died) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A.R.L. Sundaresan.
For the Respondents: Mr. R. Subramainan, Mr. S. Parthasarathy, Mr. R. Ponkarthikeyan.

JUDGMENT :

N. SATHISH KUMAR, J.

1. Aggrieved over the decree and judgment of the trial Court dismissing the suit filed by the plaintiff in respect of the fourth item of property, the present first appeal is filed.

2. For the sake of convenience, the parties are referred to herein, as per their rank before the Trial Court.

3. The brief facts, leading to the filing of this Appeal Suit, are as follows:

    (i) It is the case of the plaintiff that the plaintiff and the defendants 1 and 3 to 7 are the members of the joint Hindu family, in which the first defendant is the kartha (Manager). Late Palaniappa Chettiar, who was the original ancestor of the parties (except defendants 2 and 5), had two wives namely, Unnamalai and Visalakshi. The said Palaniappa Chettiar after the death of the first wife Unnamlai had only one son by name, Ramanathan. The said Ramanathan after his marriage with Umayal, died without issues born to them. The second wife Visalatchi died in the year 1973 leaving behind Arunachalam Chettiar, the first defendant and a daughter namely, Unnamalai, eight defendant. Arunachalam Chettiar's first son was Palaniappan and the defendants 3 and 4 are the younger sons of the first defenda

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