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1967 Supreme(SC) 198

J.M.SHELAT, R.S.BACHAWAT, V.BHARGAVA
Dwarampudi Nagaratnamba – Appellant
Versus
Kunuku Ramayya – Respondent


Advocates:
A.V.Velayudhan Nair, B.PARTHASARTHY, C.R.Pattabhi raman, CO., J.B.DADACHAN, O.C.MATHUR, P.RAM REDDY, R.Ganapathy Iyer

Judgement

BACHAWAT, J. :- One Venkatacharyulu was the Karta of a joint family consisting of himself and his four sons. The appellant was his concubine since 1945 until his death on February 22, 1949. By two registered deeds purporting to be sale deeds dated April 15, 1946, (Exts. A-1 and A-2), he transferred to the appellant certain properties belonging to the joint family. In 1947 after the execution of Exts. A-1 and A-2 there was a disruption of the joint family and a severance of the joint status between Venkatacharyulu and his sons. In 1954 his widow and sons instituted O. S. No. 12 of 1954 against the appellant for recovery of possession of the properties alleging that the documents dated April 15, 1946, were executed without consideration or for immoral purposes, and were void. The appellant instituted against his widow and sons O. S. No. 63 of 1954, asking for general partition of the joint family properties and for allotment to her of the properties conveyed by the two deeds. She also instituted O. S. No. 62 of 1954 against one of his sons and another person asking for damages and mesne profits for wrongful trespass on the properties. The trial Court dismissed O. S. No. 12 o










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