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2022 Supreme(Online)(MAD) 952

HIGH COURT OF MADRAS
N. ANAND VENKATESH, J
ANNAKODI – Appellant
Versus
A.NATARAJAN – Respondent


JUDGMENT

The plaintiff is the appellant in this second appeal. The appellant filed a suit for partition claiming for 1/3 share in the suit property on the ground that the suit property along with other properties originally belonged to one Perianna gounder and that his five sons under registered Partition Deed dated 04.09.1958, marked as EX.A1, divided the property among themselves and one Arumuga gounder was allotted "E" Schedule property. The further case of the appellant is that the said Arumuga gounder is none other than the father of the plaintiff and defendants 1 and 2 who are the brother and sister of the plaintiff. It is further stated that the said Arumuga gounder died intestate on 18.01.2008 leaving behind the plaintiff and the 1st and 2nd defendants. The appellant sought for the division of the property and for allotment of her share in the property. However, the 1st defendant did not agree to such a partition and left with no other option, the appellant proceeded to file the suit seeking for the relief of partition.

2.The 1st defendant who is the brother of the appellant filed a written statement to the effect that the appellant had married in the year 1977 itself and the

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