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1956 Supreme(Mad) 223

GOVINDA MENON, RAMASWAMI GOUNDER
Ramakrishna Mardi – Appellant
Versus
Vishnumoorthi Mardi – Respondent


Advocates:
A. Narayana Pai, for Appellants in Appeal No. 189 of 1952 and for Respondent in Appeal No. 559 of 1952.
K. Srinivasa Rao for Appellants in Appeal No. 559 of 1952 and Respondent in Appeal No. 189 of 1952.
M.K. Nambiyar, K.B. Nambiyar, A. Subramania Ayyar, K. Vittal Rao, for Respondents.

Judgment

These connected appeals arise out of O.S. No. 54 of 1950 on the file of the Additional Sub-Court,South Kanara, which was is suit for partition of the properties belonging to a joint family consisting of the plaintiff and the defendants. Schedule A to the plaint is the genealogical tree showing the relationship of the parties from which it is seen that the ancestor was one Krishna Mardi through whose sons, Subraya Mardi and Ramappa Mardi. the other members of the family originated. As is seen therefrom the plaintiff is the son of Ramappa Mardi and he claims partition and separate possession of a one-fourth share in the joint family properties described in schedules B to E attached to the plaint. The main contest in the Court below was with regard to certain items of properties claimed by the respective groups of defendants as not belonging to the joint family. It was contended that those were the self-acquisitions of the claimants thereto, and in regard to the other points in controversy before the learned Subordinate Judge there is no dispute here.

Appeal No. 189 of 1952 is by defendants 3, 4 and 8 to 11 who are the descendants of Seetharama Mardi,the first defendant, and Ap




















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