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1963 Supreme(SC) 202

J.R.MUDHOLKAR, RAGHUBAR DAYAL, K.SUBBA RAO
Guramma Bhratar Chanbasappa Deshmukh: Nagamma Bhratar Ghanbasappa Deshmukh – Appellant
Versus
Mallappa Chanbasappa: Guramma Bhratar Chanbasappa – Respondent


Advocates:
A.G.Ratnaparkhi, A.V.VISHWANATHA SASTRI, K.R.CHAUDHARY, M.RAJAGOPAL, N.C.CHATTERJI, NAUNIT LAL, R.GOPAL KRISHNAN, S.VENKATESHWARA RAO

Judgment

SUBBA RAO, J. : These two appeals by certificate arise out of Special Civil Suit No. 47 of 1946 filed by Nagamma, wife of Chanbassappa, for partition and possession of one-sixth share in the plaint scheduled properties with mesne profits. Chanbasappa died possessed of a large extent of immovable property on January 8, 1944. He left behind him three wives, Nagamma, Guramma and Venkamma and two widowed daughters, Sivalingamma and Neelamma, children of his pre-deceased wife. It is alleged that at the time of his death Venkamma was pregnant and that she gave birth to a male child on October 4, 1944. It is also alleged that on January 30, 1944, Nagamma, the senior most widow, took her sister s son, Malappa, in adoption. A few days before his death, Chanbasappa executed gift and maintenance deeds in favour of his wives, widowed daughter, a son of an illegitimate son, and a relative. Long before his death, he also executed two deeds - one a deed of maintenance and another a gift deed of some property in favour of Nagamma. We shall deal with there alienations in detail in appropriate places.

2. The plaintiff, one of the three surviving widows of Chanbasappa, filed the aforesaid suit

















































































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