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1950 Supreme(Bom) 112

Y.V.DIXIT, N.H.BHAGWATI
Nagappa Narayan Shetti – Appellant
Versus
Mukambe Venkatraman Shetti – Respondent


Judgment

Bhagwati, J.

1. This is a second appeal from a judgment of the learned Dist. J. Kanara, who confirmed the decree passed by the learned Civil Judge, Honavar, in favour of the pltf. The facts which led up to this litigation may be shortly stated as under. 2. One Narayan had three sons Vithal, Venkatraman Nagappa. Vithal died first long before 1937, leaving his widow Ganga. Venkatraman died on 18-6-1938, leaving him surviving his widow Mukambe his son Manjanath. Manjanath died on 18-2-1939. Nagappa was thereafter the sole surviving coparcener of the family the present suit was filed by Mukambe, the widow of Venkatraman, against Nagappa for a partition of the joint family properties possession of her half share therein. The pltf. alleged that after the death of Manjanath on 18-2-1939, she had a half share in the family properties that she was entitled to the same on partition. She also claimed, in the alternative maintenance at the rate of Rs. 150 per year. The deft, contested her claim. He contended that Ganga had adopted a son by name Dattatarya about five years before the institution of the suit that, therefore, Ganga her son Dattatraya were necessary parties





































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