1. A short question of law, riddled with difficulties and conflicting precedents, falls for decision is these second appeals. I must express right at the outset my deep appreciation of the thoroughness with which counsel for the respondent, Shri. T. P. Kelu Nambiar, argued the case, of course, doing his duty to the court by bringing to my notice rulings, reported and unreported, speaking for and against his standpoint.

2. A decree for partition was passed in O.S. No. 138 of 1952 whereby the C schedule properties thereto were allotted to the widow and minor daughter of the 2nd defendant who died pending the suit and was represented thereafter by his widow and only daughter. Thereafter, on 12 41957 the mother, i. e. the widow of the deceased 2nd defendant, transferred the property so allotted to the plaintiff, Kannan, acting for hereself and as guardian of her minor daughter. It may be mentioned right away that the mother and daughter were entitled to equal shares in the C schedule property. The minor thereafter married and her husband took a different view of the situation. For, he felt that the assignment was wrongful and injurious to his wife's interests and, ignoring t