MOORE, BHASHYAM AYYANGAR, ARNOLD WHITE
Aiyyagari Venkataramayya – Appellant
Versus
Aiyyagari Ramayya – Respondent
Arnold White, C.J.
1. In the case of Rangasami v. Krishnayyan I.L.R. 14 Mad. 408 the point which was before the Full Bench for consideration was whether, where the purchaser from a member of an undivided family of his share of the family property sues for partition, the share to be awarded to the plaintiff is to be computed with reference to the state of the joint family at the date of the purchase or at the date of the suit. The Full Bench held that the share was to be computed with reference to the state of the family at the date of the suit. In the course of the judgment the question now before us was considered. In discussing the contention which had been put forward (though the question did not arise on the facts of the case then before the Court) that if the vendor died before the purchaser effected a partition, the purchaser would take nothing, the Judges point out that the purchaser acquires a vested interest by the sale and that the vendor being competent to sell, his subsequent death is an event which cannot divest the interest which has once vested. Although these observations are merely obiter they seem to me to lay down the rule of law which, under the Mitakshar
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