IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. Lakshminarayanan, J
C. Karthikaipavai – Appellant
Versus
P. Saraswathi – Respondent
| Table of Content |
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| 1. overview of the partition suit and contentions raised. (Para 1 , 2 , 3) |
O R D E R
This civil revision petition challenges the order passed by the learned Subordinate Judge, Pollachi in I.A.No.8 of 2023 in O.S.No.76 of 2013 dated
01.03.2024. O.S.No.76 of 2013 is a suit for partition and separate possession.
2. The case of the plaintiff is that the suit schedule mentioned property came to the hands of one Chellappa Gounder on 12.05.1929, when it was allotted to him in a partition. Chellapa Goundar died and the plaintiff's father Palaniappa Gounder succeeded to the estate. Thereafter, from the income which was derived from the suit 'A' schedule mentioned property, the “B” schedule property was purchased in the name of the minor first defendant. The ancestral property was enjoyed by Palaniappa Gounder as long as he was alive and he went to meet his maker on 20.09.1984. Even after his death, the plaintiff pleaded the property was being enjoyed as a joint family asset. She claimed to be in a joint possession along with the other defendants. When she sought for a partition, the first defendant refused to partition the same and hence she came forward with the suit for the a
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