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1952 Supreme(Mad) 350

KRISHNASWAMI NAYUDU, MACK
Parsam Venkataramayya – Appellant
Versus
Parsam Venkataramappa – Respondent


Advocates:
P. Somasundaram for Appellant.
T.S. Narasinga Rao and M. Balachandrudu for Respondents.

Krishnaswami Nayudu, J.-

The main question that arises for determination in this appeal is as to whether a certain interest which the plaintiff-appellant had in a business is joint family property or the separate property of the plaintiff. The plaintiff and the first defendant were brothers. Defendants 2 to 4 are the sons of the firrst defendant and defendants 5 to 7 are the sons of a pre-deceased son of first defendant by name Thimmiah. The suit is for partition of the joint family properties. The first defendant was the manager and the elder brother of the plaintiff. He died on 28th August, 1946, a day after the institution of the suit, the suit having been instituted on 27th August, 1946. The joint family was possessed of about 60 acres of lands and a house at Kothur village and some valuable moveables including gold and silver. The first defendant was also conducting a small retail shop at Kothur and doing money-lending business. There is no dispute that the plaintiff left his ancestral village of Kothur to Anantapur at which place he was married to the daughter of P.W.4, Rentala Bala Venkataswami. From 1933 onwards he continued to remain in his father-in-law’s place and never c



















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