Rajamannar, C.J. - This is an appeal under the Letters Patent against the judgment of Subba Rao, J., in A.S.No.534 of 1947, which arose out of a suit filed by the first respondent in the Court of the Subordinate Judge, Coimbatore, for partition of joint family properties. The plaintiff is the grandson of the first defendant-appellant before us, by a deceased son whose widow is the fourth defendant, The 2nd and 3rd defendants are two other sons of the 1st defendant. The plaintiff claimed a one-fourth share in the suit properties after setting aside certain alienations which had been made by the 1st defendant and others. The 1st defendant and other alienees pleaded inter alia that the properties in suit were the self-acquisitions of the 1st defendant, but that plea was found against, and it has not been pressed before us. There was a further plea that the alienations were binding on the plaintiff, as they were made either for necessity or for the benefit of the family. The learned Subordinate Judge upheld all the alienations except in regard to item 6 and passed a preliminary decree for partition in regard to the remaining family properties. The plaintiff filed an appeal to this Court which was heard by Subba Rao, J., as mentioned above. The learned Judge held that some of the alienations were valid and binding on the plaintiff on the ground that they were made, for necessity. He differed from the trial Judge and held that the other alienations were not binding on the plaintiff, as they could not be supported either on the ground of necessity or benefit of the family. The 1st defendant has filed this appeal in respect of the alienations which had been held to be not binding on the plaintiff.

The learned Judge dealt with the several alienations in five groups: the first of these groups we are not concerned with, because the learned Judge has upheld the alienations falling in this group. The second group comprises two sales covered by two deeds, dated 2nd November, 1935, in favour of defendants 23 and 24, Exhibit P-12 and D-22. The third group comprises two sales under Exhibit D-23 and Exhibit D-24, dated 6th February, 1937 and 22nd May, 1939, in favour of defendants 25 and 26, and 27th defendants respectively The fourth group comprises 12 sales made between 22nd April, 1940 and 21st May, 1941, in favour of defendants 28 to 42. It is not necessary to give a reference to the sale deeds as they are mentioned in the judgment of Subba Rao, J. In the fifth and last group fall 7 sales under deeds executed between 26th April, 1943 and 10th May, 1943, in favour of defendants 43 to 50. It may be mentioned that in the sale deeds falling in the fourth group there were recitals that the plaintiff’s share of the consideration had been paid to the plaintiff’s mother, 4th defendant, while in the sale deeds falling in the 3rd group there were recitals that the plaintiff’s share of the consideration had been left with the respective vendees.

The learned Judge, Subba Rao, J., held that the alienations falling within these four grounds, that is, groups 2 to 5 could not be supported either on the ground of necessity or benefit to the family. Learned counsel for the appellant, Mr.Narayanaswami, did not attempt to argue that these alienations could be supported on the ground of necessity. He confined his argument to the contention that they would be justified on the ground of benefit to the family. He developed the argument thus ; The lands covered by these alienations were dry lands which were not yielding any income to the family or to use his expression, they were unproductive properties. They, however, became valuable, because of a town planning scheme which had been made by the Municipality and therefore, there was the prospect of obtaining a good price for the lands if and when sold in small plots. So it was argued that the family stood to gain by these alienations. Learned counsel relied upon the judgment of Yahya Ali, J., in In re Thiruvengada Mu

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