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Palaniammal vs Muthuvenkatachala Maniagarar And Ors. on 29 August, 1917

8. The principle underlying these oases is that when there is a definite intention to divide, that intention should be given effect to; but where, as in this case, that intention has been expressed, but shortly afterwards negatived by the withdrawal of the partition suit, the mere filing of the suit cannot be deemed to be a sufficient proof of that intention in the light of subsequent events. This point was considered in Palaniammal v. Muthuvenhatachala (1917) 33 M.L.J. 759 where it was held that it was open to a co-parcener who has filed a suit for partition to abandon that intention before the suit proceeds to decree and to continue in a state of jointness.
Madras High Court Cites 9 - Cited by 10 - Full Document
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