Judgement

Appeal (No. 13 of 1934) from a decree of the High Court (March 1, 1933) modifying a decree of the Subordinate Judge of the 24 Parganas (June 27, 1929).

23 Law Rep. 62 Ind. App. 265 ( 1934- 1935) Satindra Nath C houdhury V. Jatindra Nath C houdhury

124

The appellant and respondent were brothers. By a registered deed of partition dated March 18, 1921, it was agreed that the family property should be equally divided between them and that their widowed mother, in lieu of a share, should receive an annuity of Rs. 12,000 from each of the brothers, payable in instalments at agreed dates with interest at 12 per cent, per annum in default. As security for the payment, their mother was to have a charge on a named property in the share of each brother for the amount due by him with a right of recourse to his other properties, movable and immovable, if the named property was insufficient to pay the debt. The appellant made no payment, and his mother by a deed of gift dated July 22, 1922, transferred to the respondent the amount then due from the appellant with " all the right, title and interest whatever " she had in the money. The deed of transfer was registered in Book IV. under s.