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2024 Supreme(Online)(Mad) 59694

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL, J
C.V.Ahamed Kutty (Died) – Appellant
Versus
S.Ramalingam (Died) – Respondent


Advocates:
For the Appellants/Petitioners: Mr.V.Meenakshi Sundaram
For the Respondents:Mr.A.Senthil Kumar

JUDGMENT

This appeal suit has been preferred as against the decree and judgment passed in O.S.No.26 of 1984 on the file of the Subordinate Court, Thanjavur, wherein the respondents 1 and 2 herein have filed the suit for partition in respect of suit properties and the Trial Court has decreed the suit. As against the decree and judgement passed by the Trial Court, the defendants 9 to 11 have preferred this appeal.

2. The brief averments of the amended plaint are as follows:-

2.1 The plaintiffs are the sons of 1st defendant. The 2nd defendant is the younger brother of the first defendant. The suit properties are the ancestral joint family properties. The 4th defendant is the wife of the 1st defendant and mother of plaintiffs. The suit properties item Nos. 1 to 15 are the properties originally owned by the plaintiffs grandfather Chinnathambi Servai. It is his ancestral property. After the demise of Chinnathambi Servai, his two sons 1st and 2nd defendants inherited the properties. The 1st and 2nd defendants are co-parcerners. The items 1 to 15 of the suit properties are heavy income yielding lands. From the income of the items 1 to 15 of the suit properties, the 1st and 2nd defendants purc

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