A widow, who is not the manager of a joint Hindu family, does not have the authority to sell the joint family property.

RAMAPRASADA RAO, J.: The fifth defendant in O. S. No. 299 of 1967 on the file of the subordinate Judge of Coimbatore is the appellant. One Thangamuthu Gounder died possessed of the suit properties, he having secured the same under a partition in his family in or about July 1932 as seen from Ex. A-3 dated 22-7-1932. He left behind, him his mother (the first plaintiff), his eldest daughter (the second plaintiff) his widow (the first defendant) and his minor daughter (the second defendant) as his surviving heirs. He died in 1966 and, therefore, succession to his estate has to be determined with reference to the provisions of Hindu Succession Act. It is not in dispute, therefore, that the two plaintiffs on the one hand and defendants 1 and 2 on the other would each be entitled to a moiety in the properties of Thangamuthu Gounder. In those circumstances the plaintiffs instituted the present action for partition of the suit properties which admittedly belonged to Thangamuthu Gounder, into two equal shares and for allotment of one such share to them and for the usual rendition of accounts by the first defendant after the death of Thangamuthu Gounder and for costs.

2. While Thangamuthu Gounder was alive, he borrowed monies under a deed of mortgage Ex. B-5 dated 7-8-1952 executed in favour of the third defendant. Again, he borrowed monies on a promissory note from the fourth defendant, which ended in a decree as against him, when he was alive in O. S. No. 38 of 1963 on the file of the District Munsif's Court, Udumalpet. The widow of Thangamuthu Gounder viz., the first defendant after having been apprised of an attachment of the properties in execution of the money decree as above obtained by the fourth defendant and in order to discharge the said decree debt as also the mortgage debt which was subsisting on the date of her husband's death, she sold 4 acres of the suit properties for a sum of Rs. 8000/-. This sale was under Ex. B-4 dated 26-5-1967. The consideration of this sale deed as per the recitals therein consists of the following: A sum of about Rs. 3270/- paid by the fifth defendant, who purchased the properties under Ex. B-4 to the third defendant, who was the mortgagee as per Ex. B-5, as also a sum of about Rs. 1312-21 which was paid in discharge of the decree debt obtained by the fourth defendant against Thangamuthu Gounder and further sums of Rs. 2,120/- and Rs. 1,100/- to discharge debts contracted by the first defendant herself after her husband's death under promissory notes Exs. B-1 and B-2 respectively dated 15-5-1966 and 20-6-1966 in all, and after discharging the aforesaid debts as recited in the instrument of sale Ex. B-4, the first defendant received a sum of Rs. 187/- as cash consideration for the sale of 4 acres of the family properties under Ex. B-4. When the plaintiffs came to Court the above alienation was already effected. They questioned the above alienation as not binding on them. Their case is that the sale itself was a fraudulent one and that they were prepared to pay the admitted debts left by Thangamuthu Gounder and could not be made responsible for any other borrowings made by the first defendant.

3. In the written statement filed by defendants 1 and 2 their case is that the first defendant sold 4 acres of the family properties not only to discharge her husband's debt, but also to incur the necessary expenses in connection with the marriage of the second plaintiff and, therefore, the debts contracted by her in such a situation is binding on the other family members of the family. She would also urge that she had taken the precaution of selling only such portion of the family properties so as to discharge the antecedent debts and to borrow monies for necessity and, therefore, the plaintiffs are bound by the said alienation and that the remaining land only could be susceptible to partition.

4. The fifth defendant supports the first defendants case and says that as the wife of Thangamuthu Gounder and