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1921 Supreme(Mad) 144

PHILLIPS
Kodali Kristnayya – Appellant
Versus
Kodali Guravayya – Respondent


JUDGMENT

Phillips, J.

1. The defendants appeal against the partition decree having been dismissed, it remains to consider the cross appeal filed by the plainiiffs. The subordinate Judge has found that at the time of the reunion, the 1st defendant brought into the common stock property worth Rs. 40 more than the 1st plaintiffs father arid he has in consequence given plaintiffs a decree for only 9/20 of the property instead of one half share. Even if he is right in law, the amount of the share has been wrongly calculated ; for if the 1st plaintiffs father contributed Rs. 400 and 1st defendant Rs. 440 out of the total Rs. 840, as has been found, the respective shares would be 10/21 and 11/21. However, we have now to consider whether there should be this unequal distribution of the property. It is contended for the plaintiffs that a reunion between the parties restores them to their original status and that when a partition is effected, the shares are the same as they would be at the original partition irrespective of the amount of capital contributed by each coparcener. This is certainly the law in the Bombay Presidency. We find that in the Printed Judgments of the Bombay High Court Vol










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