P. C. Vethagiri vs P. R. Chittibabu Mudaliar (Decd)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Mad) 2168

R. SUBRAMANIAN, R. SAKTHIVEL
P. C. Vethagiri – Appellant
Versus
P. R. Chittibabu Mudaliar (Decd) – Respondent

Advocates:
Advocate Appeared:
For the Appellant : R. Poornima
For the Respondent: T.V. Lakshmanan, T. Dhanasekaran, S. Rajkumar, K.A. Mariappan

JUDGMENT :

R. SUBRAMANIAN, J.

Prayer: Original Side Appeal filed under Clause XXXIX, Rule (1) of the Original Side Rules, r/w. Clause 15 of Letters Patent, against the judgment and decree dated 20.12.2011 made in C.S.No. 1253 of 1992.

1. The plaintiffs 1 to 3 in C.S.No. 1253 of 1992, a suit for partition are on appeal, aggrieved by the dismissal of the suit with reference to the properties described in schedules 'L' & 'M' to the plaint. The plaintiff sued for partition and separate possession of their 9/48th share in the suit properties and for allotting the 'C' schedule properties to them as per the family arrangement dated 05.04.1978 and also for division of 'L' & 'M' schedule properties, contending that the suit properties were originally allotted to one Murugesa Mudaliar at a partition between him and his brother that took place on 25.02.1924 and the said Murugesa Mudaliyar died in 1936, leaving behind his only son, P.M.Rathnasabapathy Mudaliar, who also died in 1942.

2. It is claimed that the 'L' & 'M' schedule properties were settled by the said Murugesa Mudaliyar on one P.R.Subramania Mudaliar, who was the illegitimate son of Rathnasabapathy Mudaliar. According to the plaintiffs