Judgement

Appeal (No. 67 of 1922) from a decree of the High Court (August 26, 1917) affirming a decree of the District Judge of Madura.

The appeal arose out of a suit brought in 1906 for partition of an estate known as the Vadimitta estate. The plaintiffs, respondents Nos.1 and 2, with their youngest brother (defendant-respondent No.36), who was born after the institution of the suit, were the sons of defendant No. 1 and represented the branch of the second son of the zamindar. The appellant was defendant No. 21; by her written statement she pleaded that the estate was the separate property of her deceased brother, and that the members of the family had separated many years before the suit.

The material facts appear from the judgment of the Judicial Committee.

The District Judge found that the family was joint and undivided. He made a decree for partition.

The decree was affirmed on appeal to the High Court.

1924. Oct. 27. Dube for the appellant contended that the family had separated; he referred to Balkishen Das v. Ram Narain Sahu (( 1903) L. R. 30 I. A. 139.); Kawal Nain v. Probhu Lal (( 1917)

L. R. 44 I. A. 159.); and Jatti v. Banwari Lal. (( 1923) L. R. 60 I. A. 192.)

Wallach