RANDHI APPALASWAMI Vs. RANDHI SURYANARAYANAMURTI

JUDGEMENT

(1.) THIS is an appeal from a judgment and decree of the High Court of Judicature at Madras, dated Apil 24, 1941, which reversed a judgment and decree of the Court of the District Judge of East Godavari at Rajahmun-dry dated November 1, 1937.

(2.) THE parties are members of a Hindu joint family governed by the Mitakshara school of Hindu law. THE appeal arises out of a suit for partition brought on December 10, 1935, by respondents Nos. 1 and 2, who were then minors, by one Krishnamurti their maternal uncle and next friend, against the appellant, who was their father by his first marriage, and respondent No.8 who was the son of the appellant by his second marriage.

(3.) THE first wife of the appellant died in October, 1983, having had two sons, respondents Nos. 1 and 2, and three daughters by the appellant, and on November 9, 1935, the appellant married a second wife. THE second marriage of the appellant was resented by the members of the first wife's family and by some of the members of his own family, and this suit was filed a month after the marriage.