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2025 Supreme(Online)(Mad) 46640

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr. G. Jayachandran, J
P. Mylsamy – Appellant
Versus
P. Chinnu – Respondent


Advocates:
For the Appellants: Mr. S. Saravanan
For the Respondents: Mr. K. Myilsamy, for R2 to R5 : Mr. K. Prabhakaran, for R6 : No appearance, for R1, R7, R9

Table of Content
1. background and context of the property dispute among heirs. (Para 1 , 2 , 3)

J U D G M E N T

The Appeal Suit is filed by the plaintiffs, who lost their suit filed for partition and declaration.

2. For the sake of convenience, the parties are referred as per their status and ranking in the plaint.

3 .T he case of the plaintiffs:-

Palani Gounder and his wife Pachiammal, had seven children. During his lifetime, Palani Gounder purchased the suit properties morefully described under Schedule 1 (two items) and Schedule 2 (one item). Palani Gounder died intestate on 24.05.1999. The suit properties are enjoyed by the plaintiffs 1 to 6 along with first defendant and the mother jointly. Due to continuous monsoon failure for years together, the properties remained without proper care and income. Therefore, the first defendant suggested to sell the property jointly. Accepting his suggestion to sell part of the agricultural lands in the Schedule 1 and 2, a registered General Power of Attorney to the second defendant was given on 22/06/2006 to fetch buyers and sell the property. Promising to adjust with the future sale consideration, a small amount was given to the plaintiffs by th

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