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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms Justice R.N.MANJULA
The appellant – Appellant
Versus
The plaintiff – Respondent
| Table of Content |
|---|
| 1. details of property ownership and oral partition claims (Para 2 , 3 , 12 , 13) |
| 2. assessment of oral partition and interpretation of succession laws (Para 7 , 8 , 10 , 18 , 20) |
| 3. arguments and evidentiary analysis on oral partition and patta (Para 9 , 14 , 15 , 16 , 21) |
| 4. application of hindu succession act to legal heirs' claims (Para 19) |
JUDGMENT
The appellant is the first defendant. The suit has been filed by the plaintiff for partition of his ½ share in the suit property. The trial Court decreed the suit and passed a preliminary decree in respect of the ½ share in the suit property in favour of the plaintiff. The defendant filed an appeal. The appeal has also been dismissed by confirming the judgment of the trial Court. Now the defendants have preferred this second appeal.
2. The short facts pleaded by the plaintiff in the plaint in brief as under:-
The plaintiff's father and the defendant's father, viz., Joki Gounder had two wives. The plaintiff born to Joki Gounder through his first wife, viz., Parvathammal and the defendant born to Joki Gounder through his second wife, viz., Pattu Ammal. The plaintiff's mother Parvathammal predeceased her husband Joki Gounder.
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