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R. Deivanai Ammal (Died) vs G. Meenakshi Ammal on 13 July, 2004

13. As rightly pointed out by Mr.N.Manokaran, the learned counsel for the appellants, there is absolutely no pleading in the plaint regarding the acquisition of the property shown in the second paragraph of the schedule to the plaint by Thangamuthu. A Division Bench of this Court in R.Deivanai Ammal (Died and another Vs. G.Meenakshi Ammal and others reported in 2005-1-L.W.343 had dealt with the nature of the burden on the coparcener who pleads that property standing in the name of the one of the coparceners is also coparcenery property. The Division Bench had held as follows:-
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