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1953 Supreme(Ker) 201

K.SANKARAN, K.S.GOVINDA PILLAI, P.K.SUBRAMONIA IYER
Venkiteswara Kammathi Balakrishna Kammathi – Appellant
Versus
Anantha Pai Ganesh Pai – Respondent


Advocates Appeared:
For the Appellant : K. Rama Iyer.
For the Respondent: T.M. Mahalingom Iyer, P.A. Krishna Iyer, V. Rama Shenoy.

JUDGMENT :

P.K. Subramonia Iyer, J.

This is a plaintiff’s appeal against the dismissal of his suit (O.S. 222/1122), on the file of the District Court of Anjikaimal, by the judgment and decree of the Additional District Judge of that Court dated 14th August 1950.

2. Plaintiff is the posthumous son and only issue of Srinivasa Venkiteswara Kummathy, a Gowda Saraswatha Brahmin governed by Hindu Law (Mitakshara), through his second wife Devaky whom he married as his first wife Lekshmi proved barren. Venkiteswara died in Mithunam 1102 M.E. in his 37th Year (Ex. XXXII) leaving him surviving his two widows as also his step-mother Rugmani alias Radha who was the eldest member of the family and who had an only daughter Puthamma alias Saraswathy. Radha assumed management of the affairs of the family on Venkiteswara’s death. Venkiteswara was a grocer. He continued the trade started and conducted by his father under the name and style of “Srinivasa Kammathy & Son”. Govinda Menon (PW.3) who was the accountant in the business for over 25 years continued it for a few weeks after Venkiteswara’s demise but one of Venkiteswara’s creditors to whom was owing an amount of over Rs. 1200/- filed a suit (O.S.

































































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