Supreme Court of India
Thimmappa Rai v. Ramanna Rai and Ors.
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What the Court ordered
For the foregoing reasons, the appeal is allowed in part namely in A respect of the properties described in Schedule (D) of the plaint to the effect that the appellant herein was also be entitled to 1/5 share of the Subbayya Rai as also property obtained by him and the first defendant herein jointly ·from one of the sisters.
Judgment, page 13
From the headnote
Partition: Madras Cultivating Tenants Protection Act, 1955- s.2(a)- Grant of occupation right in favour of eldest son of original lessee in respect of Schedule ' ' property- Other brothers andfather also been in joint possession of properties and having joint residence at all material times- Held: The property would vest in all of them, although certificate may be granted in favour of only one- Suit for partition thus maintainable in respect of Schedule ' ' property-Karnataka Land Reforms Act, 1961-s.17. Propirty belonging to a brother who died intestate without leaving any heir- Finding of
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