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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR
C.Murali – Appellant
Versus
S.Kumar @ Kumarasami – Respondent
| Table of Content |
|---|
| 1. plaintiff seeks partition of joint family property. (Para 1 , 2 , 4) |
| 2. defendants argue property is self-acquired. (Para 5 , 6 , 7) |
| 3. plaintiff fails to prove joint family nucleus. (Para 10 , 11 , 12 , 13) |
| 4. defendants assert legal necessity for sale. (Para 15 , 16 , 17 , 18) |
| 5. joint family property established despite sale. (Para 19 , 20 , 21) |
| 6. evidence supports joint family property claim. (Para 22 , 26 , 27 , 28 , 29) |
| 7. court dismisses appeal; property is joint family. (Para 30 , 31) |
| 8. legal principles on joint family property established. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38) |
JUDGMENT :
N. Sathish Kumar, J.
This appeal has been filed to set aside the judgment and decree passed in A.S No. 5 of 2008 by the Principal District Judge, Principal District Court, Coimbatore dated 13.07.2009 and confirming the judgment and decree passed by the Principal Sub Judge, Principal Sub Court, Coimbatore in O.S No. 122 of 2005 dated 23.04.2007.
2. Originally suit in O.S No.122 of 2005 was filed by the first respondent seeking for partition of the suit property into three equal shares and for allotment and possession of 1/3rd share. The plaintiff is the son the defendants 1 and
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