Judgement

RAMASWAMI. J. :- This appeal is brought by certificate from the judgment of the Mysore High Court dated December 5, 1960 in R. A No. 81 of 1956.

2. The appellants and respondent No. 4 are the daughters and legal representatives of Savoy Ranganna who was the plaintiff in O. S. 34 of 1950-51 instituted in the court of the District Judge, Mysore. The suit was filed by the deceased plaintiff for partition of his share in the properties mentioned in the schedule to the plaint and for granting him separate possession of the same. Respondent No. 1 is the brother s son of the plaintiff. The relationship of the parties would appear from the following pedigree :

The case of the plaintiff was that he and the defendants lived together as members of a Joint Hindu family till January 7 1951, plaintiff being the karta. The plaintiff had no male issue but had only four daughters, Chikka Rangamma. Putta Rangamma, Rangathayamma and Chinnathayamma. The first 2 daughters were widows. The fourth daughter Chinnathayamma was living with her husband. Except Chinnathayamma, the other daughters with their families had been living with the joint family. The plaintiff became ill and entered Sharda Nursing Home for treatment as an impatient on January 4, 1951. In order to safeguard the interests of his daughters the plaintiff, Savoy Ranganna issued a notice on January 8, 1951 to the defendants declaring his unequivocal intention to separate from them. After the notices were registered at the post office certain well-wishers of the family intervened and wanted to bring about a settlement. On their advice and request the plaintiff notified to the post office that he intended to withdraw the registered notices. But as no agreement could be subsequently reached between the parties the plaintiff instituted the present suit on January 13, 1951 for partition of his share of the joint family properties. The suit was contested mainly by respondent No. I who alleged that there was no separation of status either because of the notice of January 8, 1951 or because of the institution of the suit on January 13, 1951. The case of respondent No. 1 was that Savoy Ranganna was 85 years of age and in a weak state of health and was not in a position to understand the contents of the plaint or to affix his signature of thumb impression thereon as well as on the Vakalatnama. As regards the notice of January 8, 1951, respondent No. 1 asserted that there was no communication of any such notice to him and in any case, the notices were withdrawn by Savoy Ranganna unconditionally from the post office. It was therefore contended that there was no disruption of the joint family at the time of the death of Savoy Ranganna and the appellants were not entitled to a decree for partition as legal representatives of Savoy Ranganna. Upon the examination of the evidence adduced in the case the trial court held that Savoy Ranganna had properly affixed his thumb impression on the plaint and the Vakalatnama and the presentation of the plaint was valid. The trial court found that Savoy Ranganna was not dead by the time the plaint was presented. On the question whether Savoy Ranganna was separate in status the trial court held that the notices dated January 8, 1951 were a clear and unequivocal declaration of the intention of Savoy Ranganna to become divided in status and there was sufficient communication of that intention to respondent No. 1 and other members of the family. The trial court was also of the opinion that at the time of the issue of the notices dated January 8, 1951 and at the time of execution of the plaint and the Vakalatnama dated January 13, 1951 Savoy Ranganna was in a sound state of mind and conscious of the consequences of the action he was taking. The trial Court accordingly granted a decree in favour of the appellants. Respondent No. 1 took the matter in appeal to the Mysore High Court which by its judgment dated December 5, 1960 reversed the decree of the trial c