Ramachandra Iyer, J.-

This appeal has been posted before us for disposal as one of the questions that arise in the appeal is the soundness of the contention that the decision reported in Parappa v. Nagamma2, has impliedly overruled the decision reported in Subba Rao v. Krishna Prasadam1 .

The facts giving rise to this appeal are as follows: In the village of Kavanoor in South Arcot district there lived two brothers Chidambaram Pillai and Saminatha Pillai, as members of a joint Hindu family. Chidambaram Pillai is stated to have become insane by about the year 1920 and he died on 6th July, 1948, leaving his widow Chellammal. Chellammal filed O.S. No. 20 of 1949 on the file of the Sub-Court, Cuddalore, for partition of the joint family properties claiming rights under the Hindu Women’s Rights to Property Act, 1937. Saminatha Pillai was the first defendant and his wife and daughter were second and third defendants respectively. Defendants 4 to 15 were alienees from Saminatha Pillai. Saminatha Pillai died pending the suit and in addition to the second defendant, his grandsons, defendants 16 and 17 who claimed under a will alleged to have been executed by him were impleaded as his legal re

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