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MADRAS HIGH COURT
R. Sudhakar, J
Munuswamy Naidu P. R. v. V. Venkatesan
| Table of Content |
|---|
| 1. facts regarding the joint family property. (Para 1 , 2 , 3) |
| 2. arguments concerning the deed's implications. (Para 4 , 8) |
| 3. court observations on relinquishment and coparcener rights. (Para 5 , 6 , 9 , 10 , 11 , 12 , 13 , 14 , 16) |
| 4. legal principles related to the nature of interests. (Para 7 , 15) |
| 5. final ruling of the case. (Para 17) |
1. 8th defendant in O.S. No. 294 of 1973, on the file of II Additional Subordinate Judge's Court, Vellore, North Arcot District, is the appellant.
2. Suit filed by plaintiffs was one for partition claiming 3/8th share in the plaint items.
3. The relevant facts which are necessary for disposing of the appeal are, that the property belonged to one Narasimhalu Naidu, who had two sons, Rathna Naidu and Veeraraghava Naidu. They constituted a joint family. After the death of Narasimhalu Naidu, other members continued to be joint, and they also acquired other properties from out of the income, which admittedly belonged to the family. Plaintiff is the son of Veeraraghava Naidu and his son is deceased first defendant. Defendants 2 to 8 and one Perumal Naidu are the sons of Rathna Naidu. It is said that the defendants alone are taking the income
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