KASIVISWANATHAN CHETTIAR Vs. SOMASUNDARAM CHETTIAR

JUDGEMENT

(1.) THIS is an appeal from a decree of the High Court of Judicature at Madras dated December 10, 1942, which affirmed with a slight modification the decree of the Subordinate Judge of Sivaganga dated November 21, 1940, in O. S. II of 1939.

(2.) THE appeal arises out of a suit instituted by the plaintiff (the first respondent) for partition and recovery of a half share of the properties in the possession of the first defendant, the appellant before the Board, now dead, who is represented by Lakshmi Achi. THE first defendant was the contesting defendant and will be referred to hereafter as "the defendant".

(3.) AFTER full consideration of the evidence the Subordinate Judge found in favour of the custom, and his finding has been upheld by the learned Judges of the High Court.