Madras High Court
Malladi Venkata Sastry And Ors. vs Malladi Venkataramanayya And Anr. on 28 February, 1939
Equivalent citations: AIR1940MAD626, AIR 1940 MADRAS 626
JUDGMENT Wadsworth, J.
1. It seems to me apparent that when a man builds an upper storey on to an ancestral house, even when he uses his separate money for the building, the construction is made with the aid of the family properties which supply to the new structure both its foundation and its site. The appeal will be allowed to this extent and the plaintiff will be given a decree for partition of the upper storey, subject to any rights which may have accrued by reason of the mortgage suits to which the plain-tiffs were parties. Parties to pay their own costs, the appeal being dismissed in other respects.