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2022 Supreme(Mad) 402

R. Nagarajan – Appellant
Versus
A. Ramasamy Gounder – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.Karthikeyan
For the Respondents: C.Jagadish, Mr.N.Manokaran

JUDGMENT :

The defendants 5 and 6 are the appellants in this second appeal.

2. The respondents 1 and 2 / plaintiffs filed a suit seeking for the relief of partition and for allotment of 1/4th share in the suit property.

3. The case of the plaintiffs is that they are the brothers of the defendants 3 and 4. The 1st defendant is the son of the 4th defendant and the 2nd defendant is the agreement holder from the 1st defendant. According to the plaintiffs, the suit properties belonged to one Athayammal. She is none other than the sister of the plaintiffs and the defendants 3 and 4. The said Athayammal executed a Will dated 10.09.1971 bequeathing the suit properties to the plaintiffs and Defendants 3 and 4 to be enjoyed by them equally after her life time.

4. The further case of the plaintiffs is that the 1st defendant in a clandestine manner managed to get a Sale deed executed in his favour by Athayammal on 26.07.2006. According to the plaintiffs, the sale deed was obtained under suspicious circumstances and four days prior to the death of the said Athayammal. Thereafter, the 1st defendant entered into a Sale agreement with the 2nd defendant.

5. The plaintiffs took a stand that the sale deed

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