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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
Saraswathi (died) – Appellant
Versus
Palani – Respondent
| Table of Content |
|---|
| 1. nature of properties in question (Para 2 , 3) |
| 2. arguments from the written statements (Para 5 , 6) |
| 3. court's consideration of relevant cases (Para 10 , 14 , 18) |
| 4. discussion on limitation principles (Para 11 , 12 , 20 , 23) |
| 5. determination of the plaintiff's rights and exclusion (Para 19 , 27 , 28) |
COMMON JUDGMENT
The defendants 6, 7 and 8 in O.S. No.141 of 2019 are the LRs of the deceased first defendant and the appellants in A.S. No.667 of 2024. The appellants in A.S. No.670 of 2024 are the defendants 2 to 4 and 10 in O.S. No.40 of 2018 on the file of the Additional District Judge, Dharmapuri. Both the suits were jointly tried and disposed of by the learned Additional District Judge, Dharmapuri, by common judgment and decree dated 29.02.2024.
2. Pleadings in the plaint in O.S. No.40 of 2018:
(i) The suit properties are ancestral and joint family properties of the plaintiff and the first defendant. The suit properties originally belonged to the plaintiff and the first defendant's grandfather Ponnusamy and, after his death, his wife Rajathiammal and sons Subramanian, Kullan @ Sachidhanandham (hereinafter referred to as Kullan), Vajjirvelu and Arumugam entered into a
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