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2022 Supreme(Mad) 1843

A. A. NAKKIRAN
K. Devaraj – Appellant
Versus
J. Amul – Respondent


Advocates appeared:
For the Appellants:T.K. Ramkumar, R.S. Varadarajan, Advocates. For the Respondent:S. Nagarajan, Advocate.

JUDGMENT

(Prayer: This Appeal Suit has been filed, under Order 41 Rule 1 read with Section 96 of CPC, against the judgement and decree, dated 09.01.2015, made in OS.No.7473 of 2010, by the XVI Additional Judge, Chennai.)

1. This Appeal Suit has been filed, by the Defendants, against the judgement and decree, dated 09.01.2015, made in OS.No.7473 of 2010, by the XVI Additional Judge, Chennai.

2. The suit was filed for declaration that the Plaintiff is the absolute owner of the suit property and for permanent injunction and for costs.

3. The case of the Plaintiff is that the suit property originally belonged to Valliammal and she had two daughters, viz, Alamelu Ammal and Chinnakannnu Ammal. On the death of Valliammal, who died intestate, her daughters were entitled to equal shares in the property. Alamelu Ammal died leaving behind her son Harikrishnan, who died leaving behind his wife Gangammal, two sons viz., Duraikannu and Parthasarathy and two daughters, viz., Rukkuammal and Sarasammal. The legal heirs of Harikrishnan entered into a registered partition deed, dated 02.04.1987. As per the partition deed, the suit property belonged to the legal heirs of Harikrishnan and the sons were all

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