SAPPANI MOHAMED MOHIDEEN Vs. R V SETHUSUBRAMANIA PILLAI

JUDGEMENT

(1.) IN this appeal we have to go back to a period close upon a passing century to divine what a Hindu Joint Family that had separated at that distant date, thought, contemplated, did and above all intended not only then but also for the future. It was the year 1882 and precisely on 13th May of that year an instrument of partition was executed and registered amongst five brothers, namely, Sivaramakrishna Pillai, Kailasam Pillai, Venkatachalam Pillai. Chidambaram Pillai and Navasivayam Pillai, sons of Subramania Pillai. The family appears to be religiously disposed and was keen to perpetuate the pious ancestral ideology. A genealogy given in the statement of case by the appellants gives the appropriate picture for the purpose of this appeal. <IMG>JUDGEMENT_615_1_1974Image1.jpg</IMG>

(2.) TO start with the deed of partition, it appears, the properties of the family were ancestral and were partitioned amongst the five brothers reserving some to be enjoyed in common and allotting certain properties to charities to be administered by one of their brothers, Kailasam Pillai. Reading the entire document it appears that even after the partition Kailasam Pillai and Venkatachalam Pillai desired to enjoy their shares of the property jointly and were in great cordiality while the other three brothers lived and enjoyed their properties separately. It also appears that the second and the third brothers, Kailasam and Venkatachalam were given to piety or, at any rate, were perhaps considered as responsible and solvent persons, who could be entrusted to administer the charities indicated in the deed. There is also reference to family debts and other amicable adjustments amongst the brothers and also to voluntary relinquishment of a share by Sivaramakrishna Pillai. With this brief synopsis we may now extract some material provisions of the partition deed (Ex. A-1) which was written in Tamil and has been officially translated :

(3.) IT appears that Kailasam Pillai in the meantime died as is apparent from the partition deed (Ext. A-3] executed between Venkatachalam Pillai and Thirumalai Vadvammal widow of Kailasam Pillai on 21-1-87. Clause 19 of this deed may be quoted :