Judgement

Consolidated Appeals (Nos. 150 and 151 of 1919) from a judgment and decree (April 19, 1915) of the High Court, varying a decree of the Subordinate Judge of Tinnevelly.

The consolidated appeals arose out of a suit brought by Narayana Annavi, and his two minor sons, for partition of the property of a joint Hindu (Mitakshara) family consisting of themselves and of Ramalinga, Ramakrishna, and Krishna Annavi, the last three named with others being defendants. Narayana was the son of Lakshmivaraha (deceased); Ramalinga was the son, and the other two named defendants were grandsons of Ramalinga (deceased) the brother of Lakshmivaraha.

Both Courts in India had rejected the defendants con tention that in 1895 there had been a division of the joint status of the family. At that date certain sums due to a money-lending business carried on by the joint family had been divided. The Subordinate Judge found that there had then been a complete winding up of the family money-lending business. The High Court found that the division of property which then took place comprised only three particular items, and that the residue of the family property remained to be partitioned in the suit. The