Judgement

Appeal (No. 114 of 1919) from a judgment and decree of the High Court (February 17, 1918) reversing a decree of the Temporary Subordinate Judge of Cocanada.

The respondent, since deceased, sued the appellant, his brother, to recover possession of a one-half share of lands by partition between them. The lands had been held as karnam service lands until enfranchised in 1906. It was admitted that there had been a partition between the brothers before the date of the enfranchisement.

The facts are stated in the judgment of their Lordships. It appeared from a report of the Deputy Collector made in connection with the proceedings in 1902 in the Revenue Court that while Subbarayudu was karnam his brothers widow, the plaintiff, and the defendants enjoyed specified parts of the lands under an arrangement to that effect.

The only issue material to this report was “whether the enfranchisement in the name of the defendants father enured for the benefit of the family or to himself exclusively."

The Temporary Subordinate Judge made a decree dismissing the suit. He held upon the authority of Karri Ramayya v. Villoori Jagannadhan (( 1915) I. L. R. 39 M. 930.) that upon enfranchisement ka