V.BHARGAVA, A.N.RAY, K.S.HEGDE
Tahsil Naidu – Appellant
Versus
Kulla Naidu – Respondent
Judgment
BHARGAVA, J.- This appeal arises out of a suit for partition instituted by the two appellants claiming a share in the joint Hindu family property as successors-in-interest of one Kothandaraman alias KumarasamiNaidu who died in the year 1943. When Kothandaraman died, he, his father Rangappa Naidu, his uncle Ramasami Naidu, and the latter s son Kullan alias Kumaraswami formed a joint Hindu family. Kothandaraman died leaving his widow Nagarathinammal who was plaintiff No. 2 and is appellant No. 2 in this appeal. His father Rangappa Naidu was also alive, but he died in the year 1944. On the death of Rangappa Naidu, Ramasami Naidu, his brother, became the karta of the joint family which included his son, Kullan alias Kumaraswami and plaintiff No. 2, the widow of Kothandaraman. Ramasami Naidu executed a will on 11th July, 1949 bequeathing portions of the joint family properties to various members of the family, because he was in actual possession of all the properties. Subsequently, in the same year 1949, Ramasami Naidu died. Some of the properties were transferred by persons who took possession of the properties in accordance with the will of Ramasami Naidu. Then, according to
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