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2019 Supreme(Online)(KER) 71258

PATTUVAKKARAN VANAJA – Appellant
Versus
PATTUVAKKARAN DINESHAN – Respondent


Advocates:
V.R.KESAVA KAIMAL, SMT.C.DEVIKA RANI KAIMAL2) PATTUVAKKARAN SATHYABHAMA

JUDGMENT

1. The suit was for partition. The trial court passed a preliminary decree. It was confirmed in the first appeal.

Defendants 1 and 2 are in second appeal.

2. The case of the plaintiff goes as follows : Plaint B schedule property belonged to Govindan and Janaki. They were husband and wife. They acquired the property under Ext A1 sale deed in 1983. They were the parents of the plaintiff and defendants. Janaki died on 23.5.2005. Her undivided one-half right in the property devolved upon the plaintiff and defendants and also upon Govindan. Including Govindan's one-half right in the property he originally had under Ext A1, he had 9/16 shares in the property. The plaintiff and defendants had 1/16 each. Govindan gifted his 9/16 shares to the plaintiff, defendant 4 and defendant 5 as per Ext A3 gift deed. Thereafter the plaintiff and defendants 4 and 5 have 4/16 shares each and the remaining defendants have 1/16 share each. The B schedule property shall be partitioned to separate the plaintiff's 4/16 shares.

3. Defendants 1 and 2 admitted Ext A1 and the acquisition of the B schedule property jointly by their parents. They

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