Procedure (Act 5 of 1908), O.41, r. 1-
Preliminary decree in partition suit-Death of some parties-
Redistribution of shares-No fresh preliminary decree ... Practice-If court could pass more than one preliminary
decree in a partition suit.
Hindu law-Agarwala Jains--Share given to mother in partition
suit
members on February 22, 1940. To Meyyappa (1)
were allotted at the partition "business of the family" at
Rangoon and at Karaikudi ... Federated States of Malaya and some
houses. Even after the partition Meyyappa (1) continued to
remain in management on behalf of himself
Court, Dindigul decreeing the plaintiff's suit for partition of the properties described in the schedules A to B attached to the plaint ... admitted case of both parties that in 1941, there was a partition between the three descendants of the three branches and the plaint A schedule
cases are parties to decrees passed by Civil courts for the partition of agricultural lands and other properties. The decrees were transferred as required ... Civil Procedure Code to the Collector for the partition of agricultural land. From the partition effected by the Collector the petitioners went in appeal
first respondent in the appeal, filed the suit for partition of the joint family property and allotment to him of a half share, the first ... remain joint with other members of the family, wanted to effect partition and to get separate possession, and for that purpose issued a registered notice
Chettiar (Exhibit B-2). On the same date, they entered into a partition deed Exhibit B-1. Under the partition deed Muruga Pillai was allotted ... into consideration the properties allotted to the share of Ramakrishna. In that partition deed, the operative portion in relation to the allotment of the shares
valid.
2. Both the courts below found that the defence story of partition by metes and bounds had not been established. Mr. Mohanty ... joint status, such a contention is not tenable once the case of partition by metes and bounds is not established He also contends that
property obtained by its mother for her separate share in the partition of her tarwad, thus reducing her theretofore absolute powers of disposition to those ... joint family manager. In other words, whether, after such individual partition as it has been called, the property in the mother's hands continues
member of the other branch who was a nissan thathi
kavaru for partition of all the properties comprised in the
deed of 1900, allegation that ... only effected a
division for convenience of enjoyment and not an outright
partition.
On the question whether under s. 36(6) of the Madras
Aliyasanthana
share under s. 8(1) (d)--Cl.
(d) whether assumes national partition between penultimate
coparcener and sole male survivor.
HEADNOTE:
Clause ... Hindu Law Women's
Rights Act 1933, provided that at a partition of joint
family property between a person and his son or sons
