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1954 Supreme(Mad) 270

GOVINDA MENON, RAMASWAMI GOUNDER
Jagannath – Appellant
Versus
Perumal Naidu – Respondent


Advocates:
M.S. Venkatarama Aiyar and K. Sankara Sastri for Appellant.
S. Thyagaraja Aiyar, T.S. Venkatarama Aiyar, C. Santhamurthi Naidu and R. Gopalaswami Aiyangar for Respondents.

Govinda Menon, J.- The plaintiff who is a purchaser in Court auction of certain rights in zamin and private properties situated in Chingleput District, and alleged to belong to some members of a joint Hindu family, is the appellant in this appeal. His suit for ascertainment of the share of the judgment-debtors arid for recovery of such share by separate allotment has been decreed by the lower Court only to the extent of the 1/4th share belonging to the first and 2nd defendant, and aggrieved by the dismissal of the suit with regard to the rest, he has preferred this appeal.

Defendants 1, 3, 6 and and the father of the 7th defendant were members of a joint Hindu family governed by the Mitakshara law. The second defendant is the son of the first defendant. Defendants 4 and 5 are the sons of the third defendant. In execution of the decree in O.S. No. 132 of 1930 on the file of the District Munsif’s Court of Chingleput, the share of some of the defendants had been brought to sale.

The question is what exactly was the share that has been sold and purchased by the third party purchaser, who is the plaintiff.

The family had a half share in certain properties obtained under a razinama decree i


















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