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Showing contexts for: second final decree in Joint Receivers Of The Estate Of Dewan ... vs Commissioner Of Income-Tax, Madras. on 12 October, 1960Matching Fragments
SRINIVASAN, J. - The facts leading to this reference require to be set out at some length. The estate of the Zamindar of Chunampet was all along assessed as a Hindu undivided family. The joint Hindu family consisted of the father and his three sons the last of whom was a minor. The two major sons commenced a partition suit, O. S. No. 64 of 1944, on the file of the Subordinate Judge, Chingleput, on the 11th September, 1944. In the course of that suit, a compromise was filed on the 16th September, 1948, whereby the two major sons, the plaintiffs in the suit, were appointed as joint receivers. Following this compromise, a preliminary decree was passed by the court on 5th October, 1948. It decreed that the admitted family properties set out shall be divided into four equal shares and that each of the two plaintiffs and the defendants (father and the minor son) be allotted a one-fourth share. It set out the common liabilities to be met by the entire family estate. It specified certain amounts to be provided for the fourth defendant, the sister of the plaintiffs, both for her marriage and settlement upon her. Several other payments to be made out of the estate were also provided. Clause 6 of the decree directed that the plaintiffs "shall forthwith take possession of all the suit properties........ and manage them as receivers on behalf of the parties and that they shall also manage the salt pans belonging to the devasthanams as it has been administered all these years and that they should discharge and provide for the liabilities mentioned in paragraph 2. ....." Other clauses in the decree directed the plaintiffs as receivers to make certain allowances to the parties, that is, the plaintiffs and defendants Nos. 1 to 4, in specified sums. It is common ground that there were several final decrees in the suit, the first of which was on 27th November, 1951. It effected a division of the salt pans belonging to the family with effect from 1st January, 1952. The second final decree, dated 15th April, 1953, effected a division of the cardamom estate belonging to the family. The third and last final decree dated 18th January, 1954, brought about a complete division of all the remaining assets of the family.