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2025 Supreme(Online)(Mad) 66324

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
Velayammal – Appellant
Versus
Lakshmi – Respondent


Advocates:
For the Appellants/Petitioners: Mr.N.Manoharan
For the Respondents: Mr.D.Selvaraj, Mr.J.Titus Enock

Table of Content
1. contestation of property nature (self-acquired vs ancestral) in relation to partition. (Para 10 , 12 , 14 , 15)
2. prior partition deed's consequential effect on limitation principles. (Para 20 , 22)
3. final ruling emphasizes dismissal and costs. (Para 25 , 26)

JUDGMENT

The unsuccessful plaintiff in a suit for partition and separate possession is the appellant. The plaint, in brief is as follows:

(1) PLEADINGS:

PLAINT :

(a) The plaintiff is the daughter of Appachi Gounder and Pavalakkal.

The plaintiff had a sibling, brother by name Manickam. The first defendant is the wife of said Manickam and the second defendant is the daughter of Manickam.

(b) According to the plaintiff, the grand father of the plaintiff viz., Palani Gounder had self acquired properties at Kalpavai Village and he died intestate leaving behind two sons viz., Appachi Gounder and Sengoda Gounder as his only legal heirs and after the demise of Palani Gounder, the said sons viz., Appachi Gounder and Sengoda Gounder have inherited the properties and they were in joint possession and enjoyment, without partition, each entitled to ½ share.

(c) Appachi Gounder died leaving behind his wife Pavalakkal, son Manick

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