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1988 Supreme(Ker) 257

BALAKRISHNA MENON, SHAMSUDDIN
DHANA RAO – Appellant
Versus
KALIDASAN – Respondent


Judgment :-

1. The only question for decision in this appeal by the plaintiff is as to whether the suit properties are joint family properties available for partition among the parties to the suit or are they separate properties of the acquirers. According to the plaintiff, he and the defendants belong to a joint Hindu family of the descendants of one Bhakta Shetty. The 12 items of properties mentioned in the plaint are the acquisitions of Parades! Shetty on behalf of the joint family and are therefore available for partition among the members of the joint family. The suit is resisted by defendants 6, 7 and 9. According to them some of the properties were the acquisitions of their predecessor Paradesi Shetty and some other properties are separate acquisitions of defendant 6 and her son Bapputta Shetty. The court below has found that the plaintiff has failed to prove that the properties are joint family properties and has accordingly dismissed the suit. It is against this that the plaintiff has come up in appeal.

2. There is no dispute about the correctness of the genealogy shown in page 4 of the printed judgment of the court below. Bhakta Shetty, the common ancestor, had two sons Vi







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