VENKATA REDDI Vs. KUPPA REDDI

JUDGEMENT

(1.) One Kuppa Reddi had four sons. The eldest was Ramasami Reddi the father of defendants Nos. 1 to 3. He died in 1914. The last was one Muthu Reddi, who died fifteen years ago, and the plaintiffs are his sons. There were two other sons. In July 1906 there was a partition among the brothers evidenced by Exhibit IT. The family properties were divided into two schedules. Schedule B, was allotted to the second and to third brothers and schedule A was given to the first and the sons of the fourth brother. | These latter were represented by their mother as guardian. The document also says that as No. 1 out of us has been managing the affairs as the head of the family, one share in addition is included."

(2.) The present suit is for a half share in the properties which were taken by the first and the fourth brothers. The defendants case is that the plaintiffs are entitled only to a third share, and that the plaintiff can have no right to the eldest brother s extra share. The Subordinate Judge came to the conclusion that the A schedule properties, which fell to the first and fourth branches, should be shared equally by the two branches. He found that, since the partition, the two branches lived in commensality, kept no accounts and enjoyed the properties as if they were members of an undivided family. This conclusion on facts is not seriously disputed in appeal.

(3.) The real question argued before us was whether Exhibit U effected a division in status between the first and the fourth branches of the family, and whether since 1906 their properties were enjoyed by the two branches as tenants-in-common or as coparceners. There can be no question of re-union because, on the date of the partition, the plaintiffs were minors. That is now settled by the decision of the Judicial Committee in Ram Pershad Singh v. Lakhpati Koer 30 C.231 : 30 I.A. 1 : 7 C.W.N. 162 : 5 Bom. L.R. 103 : 8 Sar. P.C.J. 380 (P.C.), vide also Balabux v. Bukhmabai 30 C. 725 : 30 I.A. 130 : 7 C.W.N. 642 : 5 Bom. L.R. 469 : 8 Sar. P.C.J.470 (P.C.).