Judgement

Appeal (No. 113 of 1921) from a judgment and decree of the High Court (February 24, 1920) varying a decree of the District Judge of Tinnevelly (October 29, 1918).

The suit was brought by Subramanya Ayyar, deceased, and represented by his son the respondent, against the appellant, son of Krishna Ayyar, under a partition agreement entered into by Subramanya Ayyar and Krishna Ayyar on January 7, 1915. The circumstances appear from the judgment of the Judicial Committee.

The plaintiff by his plaint alleged that under a division of the joint family properties in Travancore State which had been carried out by a later deed of February 4, 1915, Krishna Ayyar had obtained as jeshtabhagam a greater share than his brother. He expressly stated that in respect of the properties in Travancore he was prepared to get relief in the Courts of that State; he however prayed for a decree declaring that certain of the properties in the Tinnevelly District were solely his, as having fallen to his share under the agreement of January 7, 1915, and for an equal division of other properties there situated; he further prayed that the execution of a partition deed as to the properties in the Tinnevel