CHINTHAMANI AMMAL Vs. NADAGOPAL GOUNDER

JUDGEMENT

(1.) This appeal is directed against a judgment and decree dated 31.07.1998 passed by a learned Single Judge of the High Court of Judicature at Madras in Second Appeal No. 1899 of 1985 whereby and whereunder an appeal under Section 100 of the Code of Civil Procedure preferred by the respondents herein from a judgment and decree dated 11.09.1985 passed by the Subordinate Judge, Ami, North Arcot District in Appeal Suit No. 68 of 1984 was allowed, in turn, allowing an appeal from a judgment and decree dated 27.07.1984 passed by the Court of the Principal District Munsif, Ami in Original Suit No. 1301 of 1979.

(2.) Plaintiffs in the suit are the respondents before us. The said suit was filed for declaration and injunction against the appellant herein.

(3.) Kesava Gounder and Respondent No. 1 were brothers. They admittedly were members of a joint family. Kesava Gounder was suffering from small pox. He died in 1943, Immediately prior to his death, he allegedly expressed his intention to severe his status as a member of the joint family.