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2023 Supreme(Mad) 1842

S. S. SUNDAR, C. KUMARAPPAN
N. Chokalingam – Appellant
Versus
S. Prema – Respondent


Advocates appeared:
For the Appellants:D. Kanagasundaram, Advocate. For the Respondents:R1, J. Pothiraj, Advocate, R2 to R4, R6 & R9, No appearance.

JUDGMENT

(Prayer: Appeal Suit filed under section 96 of CPC against the decree and judgment dated 31.03.2016 passed in OS.No.653/2009 on the file of learned IV Additional District Judge, Coimbatore.)

S.S. Sundar, J.

(1) Plaintiffs in OS.No.653/2009 on the file of the IV Additional District Court, Coimbatore, are the appellants in the present Appeal.

(2) The appellants filed the suit for partition of their 4/5th shares in the suit property and for consequential reliefs.

(3) The case of the appellants as plaintiffs, in the plaint, can be summarised as follows:

(4) Plaintiffs and defendants 1 and 2 are sons and daughters of one Mr.Natarajan and Mangalambal. One Vasantha Kokilam was also the other daughter of Natarajan and she died before suit. Defendants 3 and 4 are the children of the deceased daughter Vasantha Kokilam.

(5) It is the case of the plaintiffs that the suit properties are the joint family properties of plaintiffs and their father. The same was purchased and registered under a Sale Deed dated 27.06.1973 [Ex.B2] in the name of Mr.Natarajan. Since Mr.Natarajan, was the Kartha and head of the family, it is stated that the properties were purchased in his name out of the income from

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