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1926 Supreme(Mad) 620

REILLY
Bapatla Venkata Row – Appellant
Versus
Bapatla Venkoba Row – Respondent


JUDGMENT

Reilly, J.

1. The plaintiff appeals against the dismissal of the suit for partition by the Subordinate Judge. The suit relates to a family of which the common ancestor, as is now not disputed, was Kanchiraju. He was great-grand father of the plaintiff and great-great-grandfather of Defendant 1. At the trial it was denied by Defendant 1, or rather by Defendant 2, as Defendant 1, his father, died a few days after the suit was instituted, that the plaintiff and his two brothers, Defendants 5 and 6, belonged to the family at all. The plaintiffs case is that his father, Suryanarayana, was adopted by Krishnayya I, the son of Kanchiraju I. The Subordinate Judge has found in favour of the adoption, and that is not now disputed before us.

2. It is denied in Defendant 1s written statement that the property concerned is joint family property at all, and it is alleged that it was acquired by Defendant 1s grandfather Kanchiraju II. But it appears from Ex. A, a statement by Defendant 1s father, Venkayya, at an Inam enquiry in 1864, that the family was joint at that time. If that statement is read with the genealogy attached to it, I do not think it is possible to accept Mr. Venkataramana R







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