Judgment

GAJENDRAGADKAR, J. : If the appellant decree passed by the High Court makes a variation in the decision of the trial court under appeal in favour of a party who intends to prefer an appeal against the said appellant decree, can the said decree be said to affirm the decision of the trial court or not under Art 133 (1) of the Constitution? That is the short question which arises for our decision in the present appeal.

2. The appeallant Tirumalachetti Rajaram filed a suit in forma pauperis in the Court of the Subordinate Judge, Chittoor, for his half share in the properties which once belonged to the joint family consisting of himself and his father and to this suit he impleaded his father and several alieness from him. His case was that the alienations effected by his father as well as the sales held in execution proceedings against his father were not binding on him and so his share in the properties covered by the said alienations was not affected by them. It is on this basis that he claimed his half share in all the said properties. The trial court rejected his contention that the alienations did not bind him, upheld all the alienations and so dismissed his suit. On appeal