KASTHURI NAIDU DIED Vs. N PADMANABHAN

JUDGEMENT

(1.) PLAINTIFF in O.S.No.1433 of 1980, on the file of Principal Subordinate Judge, Coimbatore, filed the Second Appeal. Subsequently he died, and his legal representatives, viz., appellants 2 to 7 have further prosecuted the second appeal.

(2.) PLAINTIFF filed the suit claiming half share in the plaint items which are described as B, C and D Schedules. A preliminary decree was passed only in respect of B Schedule. Regarding C and D Schedule items, the suit was dismissed. The matter was taken in appeal but without success. The concurrent judgments of both the courts below are challenged in this second appeal.

(3.) THE following substantial question of law was raised for consideration in this second appeal: "Whether on the facts and circumstances of the case, the finding that the property is not the joint family property is sustainable in law""