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1967 Supreme(AP) 224

ALLADI KUPPUSWAMI, M.SESHACHALAPATI, P.JAGMOHAN REDDY
IRUMATH RUMALA NALLANCHAKRAVARTHI SAMPATKUMAR JAGANNADHA TIRUVENKATA CHARIAR – Appellant
Versus
IRUMATHIRUMALA NALLANCHAKRAVARTHI SAMPATKUMARA ANDALAMMA – Respondent


BASI REDDY, J.

( 1 ) DO earnings from "sishya Sancharam" constitute joint family property? Is the occupation of sishya Sancharam" heritable and partible?. Is it a justiciable right? these are the important questions that fall for determination in this case. I think they merit consideration by a Division Bench. Post this appeal before a bench. (Then the case came before Basi Reddy and Sharfuddin Ahmed, J ] order (Order of the Bench delivered by Basi Reddy, J.) under Rule 2 of the Appellate Side Rules we refer the following questions of law for determination by a Full Bench:1. Is the avocation of "sishya Sancharam" office or property and is it heritable and partible? Is it a justiciable right? 2. Do earnings from sishya Sancharam constitute joint family property ? the question whether shisya Sancharam is an office or the property within the meaning of Sec. 9 C. P C , will have to be determined with reference to the funcitions of Shisya Sancharam- If, according to the evidence in this case, it does not require any special learning, moral or spiritual attainmemt and can be equated with the duties of a priest Purohit or Archaka in a religious institution, it can be held to be an o

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