RAJAGOPALAN, SATYANARAYANA RAO
K. S. M. Guruswami Nadar – Appellant
Versus
N. G. Ranganathan – Respondent
The defendant is the appellant in this Second Appeal. The suit was for recovery of possession of the property together with arrears of rent of Rs.1,541 and also for future rent. The trial Court refused the relief for possession but granted a decree for Rs.162-5-4 being arrears of rent for the period from 15th November, 1943 to 23rd February, 1944. On appeal by the plaintiff, this decision was reversed by the learned District Judge and the suit was decreed for possession and also for arrears as prayed for. Provision was also made for future rent at the rate of Rs.50 per mensem from 10th August, 1946, till date of delivery of possession.
The suit was based on tenancy and court-fee was also paid on that basis. The suit property belonged according to the plaintiff to his joint family. One Govindaswami and Velappa Naidu were two brothers. Whether they were divided or undivided is a matter in dispute between the parties. By his first wife, Govindaswami had three sons, Venkataswami who died in 1935, Narayanaswami who died long ago and Ramaswami who died on 12th February, 1943. By his second wife, he had two sons, the plaintiff, Ranganathan and Balakrishnan. Velappa Naidu had no s
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