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1953 Supreme(SC) 99

B.K.MUKHERJEE, M.C.MAHAJAN, B.JAGANNATHA DAS
Saraswathi Ammal – Appellant
Versus
Rajagopal Ammal – Respondent


Advocates:
K.V.VISHWANATHAN, M.S.K.AIYANGAR, R.Ganapathy Iyer, RAMACHANDRA AIYAR, S.SIVA SUBRAMANIAM

Judgement

JAGANNADHADAS J. ; This appeal arises out of a suit for partition. The Plaintiff and defendant 1 are daughters of one Kanakasabapathi Piilai. Defendant 2 is the husband of defendant 1. Kanakasabapathi was a self-made man and built up a flourishing motor bus service and also acquired substantial properties, movable and immovable. He died on 24-8-1942 without any male issue and left him surviving a widow, Gomathi Ammal, and two daughters, the plaintiff and defendant 1. His widow continued the motor service and managed the other properties with the help of defendant 2 as her Manager and died on 7-3-1944. Defendant 1 and her husband were throughout living with her mother. On her mother s death they both, got into possession of all the properties including the motor service. The plaintiff accordingly brought the present suit originally as one for administration but later amended it as one for partition and separate possession of her half share in the properties. Both the Courts below have decreed partition with ancillary reliefs. There are some minor variations in the decree of the High Court from that of the Subordinate Judge, details of which it is not necessary to notice. Th

































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