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2007 Supreme(Mad) 1835

M.JAICHANDREN
Brammagiri – Appellant
Versus
Minor Sivasubramaniam & Another – Respondent


Advocates:
For the Appellants :V. Nicholas, Advocate. For the Respondent:K. Rajeshwaran, Advocate.

Judgment :-

This second appeal has been filed against the judgment and decree passed by the Court of the Principal District Judge, Coimbatore, dated 09.03.1994, made in A.S.No.214 of 1993, confirming the judgment and decree passed by the Court of the Subordinate Judge, Tiruppur, dated 08.01.1993, made in O.S.No.295 of 1989.

2. The first defendant before the trial Court is the appellant in the present second appeal. The plaintiff had filed the suit in O.S.No.295 of 1989, on the file of the Court of the Subordinate Judge, Tiruppur, praying for the passing of a preliminary decree for partition of the suit schedule properties, by dividing the same into four equal shares and to allot one such share to the plaintiff and to put him in separate possession of the same and for the cost of the suit.

3. The brief facts of the case, as stated by the plaintiff in the suit, are as follows:

The plaintiff is the minor son of the second defendant. The defendants are brothers. The properties described in the suit schedule are ancestral properties belonging to the joint family. The plaintiff is entitled to ¼ th share in the suit schedule properties. The second defendant had married the plaintiffs moth



























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