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2024 Supreme(Online)(MAD) 16000

HIGH COURT OF MADRAS
Honourable Mrs Justice N. MALA
P. Paulsamy – Appellant
Versus
P. Rukmani – Respondent


JUDGMENT

The plaintiff in the suit is the appellant in the Second Appeal. The Second Appeal is filed against concurrent judgment of the Courts below. 2. The parties will be referred to as per their litigative status in the trial court.

3. The facts of the case are as follows:

The plaintiff filed suit for a preliminary decree for partition and separate possession of 8/28 share in the suit properties and other consequential reliefs. The plaintiff and the defendants 2 to 6 are the sons and daughters of one late Pattusamy and the 1st defendant. The father of the plaintiff and the defendants 2 to 6 died intestate in 1995. The 7th defendant is a third party purchaser.

4. The plaintiff filed suit for partition claiming initially 1/7th share and later amended the same claiming 8/28 shares in the suit properties. According to the plaintiff, the entire suit properties were either ancestral properties or properties purchased from and out of the income of the ancestral properties. The plaintiff therefore filed the suit for partition of his 8/28 shares in the suit properties.

5. The defendants on the other hand stated that suit items 31 and 32 were self acquired properties of the 2nd defendant and s

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