1951 Supreme(Mad) 44
RAGHAVA RAO, SATYANARAYANA RAO
Govindarajulu alias Jayaraman – Appellant
Versus
Balu Ammal – Respondent
Advocates:
T.S. Kuppuswami Ayyar and R. Swaminatha Ayyar for Appellant.
R. Ramamurthi Aiyar, T.R. Venkataraman and A. Balasubramanian for Respondents.
Satyanarayana Rao, J.-This appeal raises an interesting question of Hindu law. The facts are not now in dispute. The properties in suit belonged to one Kandaswami. He had a son Nataraja, but this son predeceased Kandaswami. Kandaswami died on 28th January, 1945, leaving behind him three daughters, the plaintiff and defendants 1 and 2. The fourth defendant who is the appellant in this Letters Patent Appeal, it has now been definitely found, is the illegitimate son of Nataraja by his permanently kept concubine. The suit was laid by one of the daughters of Kandaswami for recovery of possession of a third share of the properties which were admittedly the self-acquired properties of Kandaswami, defendants 1 and 2, the other daughters, practically supported the claim of the plaintiff. The 4th defendant claimed that he was entitled to the properties in the right of his father, Nataraja, on the ground that he was entitled to represent the father and share the inheritance. The District Munsiff and the Subordinate Judge on appeal held that the fourth defendant was entitled to a half share in the properties, and a preliminary decree for partition of the properties was passed declaring the rig
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