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1954 Supreme(Mad) 138

T.L.VENKATARAMA AYYAR, B.K.MUKHERJEA, GHULAM HASAN
Shrinivas Krishnarao Kango – Appellant
Versus
Narayan Devji Kango – Respondent


J.B. Dadachanji and Naunit Lal, Advocates for Appellant.
S.B. Jathar and Ratnaparkhi Anant Govind, Advocates, for Respondents.

Venkatarama Ayyar, J.-

This appeal arises out of a suit for partition instituted by the appellant in the Court of the Civil Judge, Senior Division, Bijapur. The relationship of the parties will appear from the following genealogical table:

Siddopant and Krishnarao were members of a joint undivided family. Krishnarao died in 1897 leaving behind a widow, Rukminibai, who is the sixth defendant in the suit. Siddopant died in 1899 leaving him surviving his son, Gundo, who died in 1901 leaving behind a widow, Lakshmibai, who is the fifth defendant. On 16th December, 1901, Lakshmibai adopted Devji, who died on 6th May, 1935, leaving three sons, defendants I to 3, and a widow, Akkubai, the fourth defendant. On 26th April, 1944, Rukminibai adopted the plaintiff, and on 29th June, 1944, he instituted the present suit for partition claiming a half share in the family properties.

Siddopant and Krishnarao represented one branch of a Kulkarni family and were entitled for their share of the Watan lands, to the whole of S. No. 138 and a half share in S. Nos. 133 and 136 in the village of Ukamnal and a half share in S. Nos. 163, 164 and 168 in the village of Katakanhalli. The other branch was represen










































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