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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN, J
Solaimalaiyan @ Thiraviyam – Appellant
Versus
Raman – Respondent
| Table of Content |
|---|
| 1. ancestral property partition suit with disputed sale agreement. (Para 2 , 3 , 4) |
| 2. trial court rejected defendant's plaint amendment application. (Para 5 , 6 , 7) |
| 3. reiteration of contentions in partition suit. (Para 8 , 9 , 10) |
| 4. amendment allowed to avoid partial partition and multiplicity. (Para 11 , 12 , 13) |
ORDER
The 2nd defendant is the Civil Revision Petitioner. O.S.No.39 of 2014 is a suit for partition and separate possession. It also seeks for a declaration that the sale agreement executed by the 2nd defendant in favour of the 1st defendant on 08.06.2002 in Document No.1208 of 2012 is not binding on the plaintiffs.
2. The case of the plaintiffs is that the property was an ancestral property, inherited by one, Chinnalagan. He is the husband of the plaintiff and the father of the plaintiffs 2 to 5 and defendants 2 and 3. Chinnalagan died on 12.12.1988 leaving behind the aforesaid parties as his legal heirs. They pleaded that, each of the heirs are entitled to 1/7th share in the properties left behind by Chinnalagan.
3. They further pleaded that while so, the 2nd defendant in collusion with the 1st defendant had prepared certain documents on the basis of which
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