Judgement

Appeal from a judgment and decree of the High Court (August 18, 1909) affirming a decree of the Subordinate Judge of Tanjore.

The suit was instituted by the first respondent, since deceased, for partition of the properties of a joint Hindu family of which the adult co-parceners were himself and his two brothers. The first appellant was the eldest brother and managing member. The plaintiff by his plaint also prayed that a scheme should be settled for the management of certain enumerated properties which were admittedly subject to charitable and religious purposes. The purposes for which the latter properties were given were described in the grants as being for perpetually conducting a food chattiram near the tomb of a holy man, and in one case for making an agraharam by building houses round the holy place.

The properties the subject of the litigation had all been granted to an ancestor of the family by the then Rajah of Tanjore. The circumstances of the grants and the other facts appear from their Lordships judgment.

The first appellant by his written statement set out the origin and devolution of the properties, and alleged that the undedicated properties were impartible