This appeal arises in a suit for partition by a Hindu-widow under the Hindu Women’s Right to Property Act (XVIII of 1937). One Kunchithapatham Pillai, died on 27th February, 1947, possessed of movable and immovable properties including agricultural lands leaving behind him two sons by the deceased first wife, defendants 1 and 2, who are the appellants and a second wife, the plaintiff, who is the sole respondent in this Appeal. The suit was one laid for partition and recovery of separate possession of 1/3 share in the properties of Kunchithapatham Pillai. The properties consisted of agricultural lands and houses as also movables including the amount due under two insurance policies taken out by the deceased.

[His Lordship after discussing the evidence continued.]

On an examination of the evidence in this case and the circumstances together with the conduct of the parties both before and after this transaction, we have no reason to disagree with the conclusion of the learned Subordinate Judge that Exhibit B-27 (Gift deed) was a nominal transaction brought into existence at the instance of Ratnathachi but the properties were treated as joint family properties.

An