Judgement

Appeal (No. 32 of 1919) from a judgment and decree of the High Court (January 12, 1915) varying a decree of the Subordinate Judge of Madura (December 23, 1911).

The parties to the litigation were members of a Hindu joint family belonging to the caste of Athangudy Chettis, and were resident at a village called Vallalapatti in the Madura district. The suit was brought by the appellant against the respondents, his father and half-brothers by a second wife, for partition.

By paras. 6 and 13 of his plaint the appellant alleged a custom of his caste, resident at Vallalapatti and certain other villages, in the terms set out in the judgment of the Judicial Committee. By para. 7 he relied on an agreement which " following the custom " was executed by his father in 1885 before marrying his second wife, stipulating to give for the jeshtabhagam of his male children by his first wife certain [@ page LRIA 540] properties and Rs. 500, and to divide and give a moiety of the remaining family properties. He prayed to recover the properties named as jeshtabhagam, also Rs. 500 for moopu, and to have it declared that he was entitled to a moiety of the remainder of the property he also prayed