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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. Dhanabal, J
J.Perumal Udayar(died) – Appellant
Versus
Rajeswari W/o Rajendran – Respondent
| Table of Content |
|---|
| 1. introduction of parties and familial context. (Para 1 , 2 , 3 , 4 , 5) |
| 2. contentions regarding ownership and partitions. (Para 6 , 7 , 8) |
| 3. first appellate judgment summary. (Para 9 , 10 , 11 , 12) |
| 4. arguments presented by appellants and respondents. (Para 14 , 15 , 16) |
| 5. court's considerations of evidence and burden. (Para 22 , 23 , 24) |
| 6. court's analysis of property distribution. (Para 32 , 33) |
| 7. conclusion on appeals regarding property shares. (Para 34) |
| 8. final disposition of case. (Para 35) |
COMMON JUDGMENT
All the above three Second Appeals are arising out of the suit in OS.No.1477 of 2004.
2. The appellants in all the appeals are the defendants 3 and 5 in the main suit. The 1st respondent in SA.No.615 of 2012 and SA.No.796 of 2016 and 8th respondent in SA.No.797 of 2016 has filed a suit in OS.No.1477 of 2004 for the relief of partition of immovable properties claiming ¼ share of the suit properties. The trial court decreed the suit in respect of the ‘A’ schedule properties. Aggrieved by the said Decree and Judgment, the defendants 3 and 5 have preferred the first appeal in AS.No.351 of 2007 and the plaintiff has preferred an appeal in AS.No.494 of 2007, and the
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