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2023 Supreme(Mad) 3417

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Subramanian, N.Senthilkumar
R.Rayappan (Died) – Appellant
Versus
Rajammal (Died) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. T.L. Thirumalaisamy
For the Respondent: Mr. C. Veeraraghavan

JUDGMENT :

R. SUBRAMANIAN, J.

1. The defendants in O.S.No.66 of 2012, who had suffered a decree for partition and separate possession of the plaintiffs' 2/3rd share in the suit properties are on appeal.

2. Originally, the suit was laid by the three plaintiffs, who are daughters and grand daughters of Rangaiya Gowder @ Rangappa Gowder against his only son, his children and the tenants. The geneology is as follows:-

3. Upon the death of the 2nd plaintiff / Lalitha, her heirs were impleaded as plaintiffs 4 and 5. The plaintiffs would claim that the suit properties originally belonged to one Rangappa Gowder @ Rangae Gowder, son of Kara Gowder, who died before 1955 leaving behind his only son Rangaiya Gowder @ Rangappa Gowder, who also died some time in early 1970s. The said Rangaiya Gowder died leaving behind one son namely, Rayappan / 1st defendant in the suit, three daughters namely, Subby Subbammal, Rajammal and Marammal. The Subby Subbammal is stated to have died without issues. Marammal had died leaving behind the plaintiffs 2 and 3 during the pendency of the suit. Since the 2nd plaintiff / Lalitha died pending suit, her husband and son were brought on record as plaintiffs 4 and 5. Co

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