KARUPPANA THEVAR Vs. S R KARUPPIAH THEVAR

JUDGEMENT

(1.) THE petitioner is the decree-holder. He filed an execution petition for realisation of the amount due under the decree in A.S. No. 250 of 1978. THE decree was as against two persons, who are brothers. In the course of the execution proceedings, they claimed that they were entitled to the benefit of the Tamil Nadu Act, XIII of 1980.

(2.) THE petitioner contended before the Court below that the two brothers were having 1.53 acres of nanja lands with irrigation facilities from a tank and also from a. well on the land itself. THE income from the land was, stated to be Rs. 7,000. THEy were also said to be otherwise earning a sum of Rs. 3,000. Thus the total income of both the brothers was stated to be Rs. 10,000. THE Karnam of the village was examined for the purpose of showing that the family had a substantial income from the land. He confirmed that the income from the land was Rs. 7,000.

(3.) THE learned counsel for the petitioner contended that the two brothers constituted a family and that the income from the entire property should have to be taken and not merely on the basis of a notional partition between the brothers. THE father died in 1974 leaving 3 sons, 3 daughters and his widow. On the death of the father, all of them were entitled to inherit the share of the father. As far as the brothers are concerned, they would be entitled to l|3rd share in the property. THE word -family- has been defined in section 3 (e) of the Tamil Nadu Debt Relief Act XIII of 1980, as follows:-