R. NILAKANTA IYER Vs. RAMANARAYANA IYER AND ORS.

JUDGEMENT

(1.) THIS petition arises out of a suit for partition instituted by the plaintiff. The correctness of the finding of the learned Subordinate Judge under issue No. 15, which was taken up for preliminary adjudication has been challenged in revision by the plaintiff. Issue No. 16 was also decided, and against that decision C.R.P. No. 1735 of 1947 was filed by the fourth defendant, but that petition was not pressed and was eventually dismissed.

(2.) IN the suit for partition that the plaintiff instituted, he impleaded his brothers, defendants 5 and 6, his father the first defendant, and his mother, the second defendant. Besides, the third defendant, the daughter of the family, and the fourth defendant, her husband, were also made party defendants.

(3.) THE plaintiff's case with reference to the Thiruvaduthurai lease was set out in paragraph 15 of the plaint. The lease itself admittedly stood in the name of the fourth defendant. The plaintiff's case was that the first defendant had a third share in this lease for which he paid Rs. 6,000 to the fourth defendant even before the lease was taken by the fourth defendant: