A.A.NAKKIRAN
M. Sadagopan – Appellant
Versus
M. Narashiman – Respondent
JUDGMENT :
(Prayer: This Testamentary Original Suit has been filed, under Sections 232 & 276 of the Indian Succession Act and Order 25 Rule 5 of the Original Side Rules, for the reliefs as stated therein. This Tr.CS has been filed under Order VII Rule 1 of CPC, for the reliefs, as stated therein.)
1. This Testamentary Original Suit has been filed to grant Letters of Administration, with a copy of the Will annexed, to the Plaintiff, as the son and legatee under the Will of the deceased, having effect limited to the State of Tamil Nadu.
2. This Tr.CS has been filed, seeking a judgement and decree, directing partition by metes and bounds and separate possession of the Plaintiff's 1/2nd share in the Plaint A, B and C Schedule properties and to allot one such 1/2nd share to the Plaintiff and directing the Defendants to pay future mesne profits to the Plaintiff from the date of the plaint till 26.09.2006 viz. the death of the 2nd Defendant for 1/3rd share of the suit property and thereafter, direct the 2nd Defendant to pay mesne profits till the Plaintiff gets possession of his 1/2nd share of the suit properties.
3. The case of the Plaintiff in TOS, in a nutshell, as set out, in the plaint i
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