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1955 Supreme(Mad) 333

GOVINDA MENON, RAMASWAMI GOUNDER
Bilige Laxminarayana Rao – Appellant
Versus
A. P. Fernandes – Respondent


Advocates:
T. Krishna Rao for Appellants in both.
A. Narayana Pai and K. Srinivasa Rao for Respondents in App. No. 444 of 1951.
K.Y. Adiga and K.P. Adiga and S. Ramayya Nayak for Respondents in App. No. 144 of 1952.

Ramaswami Gounder, J. - A.S. No. 444 of 1951 arises out of a suit O.S. No. 48 of 1950 filed in the Additional Sub-Court, South Kanara, and the other appeal A.S. No. 144 of 1952, arises out of another suit, O.S. No. 172 of 1947, filed in the same Court. Both the appeals are preferred by the plaintiffs. The first three of the six plaintiffs in O.S. No. 172 of 1947 were the plaintiffs in O.S. No. 48 of 1950. Both the suits were filed to recover possession of the plaint-schedule properties together with mesne profits. The suit properties and other properties originally belonged to the family of one Somayya Karnika who had two wives. By the first wife, he had four sons, of whom the youngest was one Bhavani Rao, and who died, leaving a son by name Somayya. That son Somayya also died in January, 1892, leaving a widow, by name Lakshmi Amma. By the second wife, the said Somayya Karnika had three sons, one of whom was Ranga Rao. He died, leaving a son, by name Subba Rao, and the latter died, leaving five sons, Krishna Rao, Ranga Rao and plaintiffs 1 to 3 in both the suits; and Krishna Rao’s sons are plaintiffs 4, 5 and 6 in O.S. No. 172 of 1947. When this family remained joint, Bhavani Rao’s



























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