1. The plaintiff having obtained a money decree against defendants 1 & 2 attached the second defendant's undivided one-third share in certain properties belonging to her Thavazhi consisting of herself and her two children. The respondent, who is the daughter of the second defendant, preferred a claim under Order XXI, R.58 CPC. objecting to that attachment on the ground that, the Thavazhi being undivided the second defendant has no definite share in the properties liable to be attached in execution. The decree-holder, on the other hand, contended that with the coming into force of the Hindu Succession Act, 1956, every member of a Tarwad has been conceded a heritable right in the Tarwad properties and the same is liable to attachment.

2. The learned Munsiff held:

"It is not disputed that the right of an undivided Hindu in a Hindu family whether Kshatriya or otherwise, will devolve on his heirs on his death. But, to say that the said right is now become definite and determined under the Hindu Succession Act so that he can deal with it, as in the case of tenants-in-common, cannot be accepted without hesitation. Hence, I do not think that the undivided right in the schedule pr