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2022 Supreme(Mad) 669

P.VELMURUGAN
Subaidha Beevi – Appellant
Versus
S. M. Ansari (Died) – Respondent


Advocates:
Advocate Appeared:
For the Appellants : S. Meenakshi Sundaram, R. Manimaran.
For the Respondent: H. Arumugam.

JUDGMENT :

P. VELMURUGAN, J.

Prayer: Appeal Suit filed under Section 96 of the Code of Civil Procedure, against the judgment and decree dated 11.11.2011 made in O.S. No. 92 of 2010 on the file of the Additional District Session Court No. I, Tirunelveli.

1. The appellants as plaintiffs filed O.S. No. 92 of 2010 on the file of the Additional District Session Court No. I, Tirunelveli, against the respondents/defendants for partition and separate possession of the plaintiffs' 1/5th equal share in the suit properties by metes and bounds. After trial, the trial Court dismissed the suit with costs. Aggrieved by the said judgment and decree, the plaintiffs as appellants have filed this appeal.

2. Brief facts in the plaint are as follows:

    The suit property originally belonged to one Meera Sahib. He had executed a registered settlement deed in favour of his daughter Tmt. Fathimuthammal on 07.09.1946. The plaintiffs and the 1st defendant are the legal heirs of the said Fathimuthammal who died on 18.04.1987. After her death, the plaintiffs and the 1st defendant were in common possession and enjoyment of the suit properties. Though the tax receipt and the electricity service connection for the suit

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