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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Vijayakumar, J
Nainar Thevar (died) – Appellant
Versus
M.Pushparaj(died) – Respondent
| Table of Content |
|---|
| 1. plaintiff claims partition of inherited property. (Para 1 , 2 , 3) |
| 2. legal arguments on memo's validity for claim abandonment. (Para 11 , 15) |
| 3. court discusses acceptable processes for claim abandonment. (Para 17 , 20 , 23) |
| 4. clarification of law regarding abandonment of claims. (Para 18 , 22 , 28) |
JUDGMENT
The 9th defendant in a suit for partition has filed the present second appeal challenging the concurrent findings of the trial Court as well as the appellate Court.
(A)Factual Matrix:
2.One Mr.M.Pushparaj as plaintiff has filed the said suit for partition claiming 1/12th share in the suit schedule property. As per the plaint averments, the suit schedule properties were the absolute properties of the plaintiff's father namely Mariapushpam Nadar who passed away in the year 1970. He had left behind the plaintiff, the first defendant (wife of the deceased) and the defendants 2 to 8 who are the other legal heirs. After the death of Pushpam Nadar, the plaintiff and the defendants 1 to 8 became the co-owners of the plaint schedule Item Nos. 1 to 5 as per Indian Succession Act. The mother namely the first defendant had inherited 1/3rd share and the siblings would be enti
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