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1964 Supreme(SC) 110

K.SUBBA RAO, RAGHUBAR DAYAL, K.C.DAS GUPTA
K. V. Narayanaswami Iyer – Appellant
Versus
K. V. Ramakrishna Iyer – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, B.KALYANA SUNDARAIN, K.JAYRAMAN GOWDA, K.N.RAJAGOPAL SASTRI, K.R.CHAUDHARY, K.RAJENDRA CHAUDHARY, M.R.Krishna Pillai, M.RAJAGOPAL, R.Ganapathy Iyer, T.V.R.TATACHARI

Judgment

DAS GUPTA J. :- Three brothers, Ramakrishna, Narayanaswamy and Mahadeva, who are eighty-three, seventy-nine and sixty-nine years of age respectively, are the main figures in this litigation. After their father s death in 1908 the three brothers continued as members of a joint family. The eldest brother, Ramakrishna became under the law the Karta of the family. When the father died the family was possessed of about 10 acres of land. But he had also left some debts and one of the first acts which Ramakrishna had to do as the Manager was the repayment of those debts. Ramakrishna had become the Karnam in Narasingampettai in 1902 and even during his father s life-time started acquiring property. Property to the extent of about 25 acres was acquired for the joint family between the years 1911 to 1931. In 1927 Ramakrishna had been transferred to the bigger village of Vepatthur and continued to be there till 1930. On his retirement in that year his son Venkatarama succeeded him as the Karnam of Vepatthur. Between 1931 to 1946 properties in Vepatthur and other villages, were acquired in the name of Ramakrishna s son Venkatarama, his wife Mangalathammal, his grandson (Venkatarama s s







































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