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S.G.Subburaj vs Gangaiah Naicker .. 1St on 28 September, 2010

(b) In 1976 II MLJ 225 (Pattusami Padayachi V. Mullaiammal and others), the Division Bench of this Court has held that "properties purchased by one or other of the members of a coparcenary or joint family when the family is joint cannot as a matter of course be treated as joint family property. The coparcener who challenges such title in the member and pleads that they should also be brought to the hotch-pot ought to establish by cogent and mature evidence that there was enough surplus income which was available in the joint family and which positively could be the foundation for such annexures made by one or the other of the members of the joint family. In all cases, definite proof is required that the further purchase in the names of joint family members ought to have been made and could not have been made otherwise than from the surplus income of the family."
Madras High Court Cites 17 - Cited by 0 - A Selvam - Full Document

Takkali Appalanaidu (Died) By Lrs. vs Adari Satyanarayana And Ors. on 13 March, 2002

12. The learned Counsel also relied on a judgment of the Madras High Court in Pattusami Padayachi case (supra) wherein a Division Bench of Madras High Court observed that the nomenclature or phraseology used by the parties ought not to be the sole guide to understand a document. The document has to be considered as a whole without taking one or the other of the sentences therein torn out of the context to find the intention of the parties.
Andhra HC (Pre-Telangana) Cites 7 - Cited by 1 - Full Document
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