Judgement

Appeal (No. 31 of 1924) from a decree of the High Court (October 26, 1922) reversing, so far as material to the present appeal, a decree of the District Judge of South Arcot.

The appeal related to the succession to an impartible jaghir situate in Kallayan hills in South Arcot, on the death in 1914 of the holder without issue. In 1822 the younger son had succeeded by arrangement and the jaghir had since descended from father to son. Upon the death of the holder in 1914 the respondent, who was the senior member of the senior branch, took possession. Thereupon the appellant, the mother of the last holder, instituted the present suit, claiming the jaghir as heir to his separate property. The respondent claimed to succeed by survivorship. By his written statement he pleaded that " no arrangement, or act, capable of effecting a separation has ever been made, or done, between or by the members or branches of the family.”

The suit raised other questions which were not material to the present appeal

The material facts, with a pedigree, appear from the judgment of the Judicial Committee.

The District Judge held that the arrangement in 1822 did not operate as a separation of the bra