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2021 Supreme(Mad) 3328

G.K.ILANTHIRAIYAN
G. Karunanithi – Appellant
Versus
G. Venmadevi – Respondent


Advocates:
Advocate Appeared
For the Appellant : Mr.J.Hariharan, Mr.V.Nicholas
For the Respondent: Mr.M.Devaraj, Mr.Vijay, Mr.G.Purushothaman

JUDGMENT :

1. The first appeal is filed against the judgment and decree of the learned I Additional District Judge of Salem dated 18.03.2015 in OS.No.76 of 2012.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

3. The suit is filed for partition. The case of the plaintiff is that the plaintiff and the defendants are brother and sisters born to P.A.Govindan and Samundeeswari. The first item of the suit properties are the ancestral joint family properties. As per the koor chit dated 02.07.1989 executed between her father and his family members, in which 'C' schedule property was allotted to her father and he was put up in possession and enjoyment of the same. 'C' schedule property which was mentioned in the coor chit are the first item of the suit properties. Her father died intestate on 07.03.2007 and his wife predeceased on 02.01.2006 leaving behind the plaintiff and the defendants as their legal heirs. They are in joint possession and enjoyment of the first item of the suit property. The suit second item of the properties was purchased in the name of the first defendant by virtue of sale deed dated 06.06.1985 out of the income deriv

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