Judgement

Appeal (No. 107 of 1933), by special leave, from a decree of the High Court (May 1, 1930) modifying a decree of the Subordinate Judge of Kumbakonam (October 25, 1924).

The main question in this appeal was whether a deed dated November 25, 1895, by which a partition was effected between one Balasubrahmanya Odayar and the other members of a joint and undivided Hindu family governed by the Mitakshara law likewise effected a severance of interests amongst such other members. The appellant, Purnananthachi, the widow of a deceased coparcener named Sivaswami, claimed to be entitled to a one-fifth share of the joint family properties.

The facts and the relevant terms of the partition deed appear from the judgment of the Judicial Committee.

The Subordinate Judge held that the deed did effect a division in status amongst the members of the joint family.

On appeal, the High Court (Beasley C.J. and Curgenven J.) were of opinion that the deed did not effect a severance of interests amongst the members other than Balasubrahmanya.

1936. July 6, 7. H. Rashid for the appellant.

Sir Thomas Strangman for respondents 4, 5 and 8.

J. M. Parikh for The Official Receiver, West Tanjore, as repres