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2025 Supreme(Online)(Mad) 56852

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Sakthivel, J
Chandra D/o. Late Madhaiyan – Appellant
Versus
Rajendran S/o. Late Rajalingam – Respondent


Advocates:
For the Appellants/Petitioners: Ms.Zeenath Begum
For the Respondents: Mr.T.S.Vijayaraghavan, Mr.K.V.Shanmuganathan

JUDGMENT

Feeling aggrieved by the Judgment and Decree dated October 24, 2018 passed in O.S.No.221 of 2015 by the 'III Additional District Court, Salem' ['Trial Court' for brevity], the plaintiffs therein have filed this Appeal Suit under Section 96 read with Order XLI Rule 1 of 'the Code of Civil Procedure, 1908 ' ['CPC' for short].

2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.

PLAINTIFFS' CASE

3. Summa Iruppa Gounder had three children namely Rajalingam, Madhaiyan and Manickammal. The plaintiffs are the daughters of Madhaiyan. The defendants 1 to 7 are the sons and daughters of Rajalingam. The 8th defendant is the said Manickammal. The plaintiffs and the defendants 1 to 8 constitute a Hindu undivided joint family. The 9th defendant is the illegal purchaser of a portion of the Suit Properties.

3.1. The Suit Properties are the undivided joint family properties of the plaintiffs and the defendants 1 to 8. A portion of the Suit Properties were originally purchased out of the joint family nucleus and income, in the name of the Summa Iruppa Gounder through two registered Sale Deeds, one dated January 20, 1947 and anot

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