Skip to content


S. Gopalachariar Vs. Nallayya Chetty and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported in(1940)1MLJ911
AppellantS. Gopalachariar
RespondentNallayya Chetty and ors.
Cases ReferredVenkateswara Pattar v. Mankayammal
Excerpt:
- .....property may nevertheless sever his legal connection with that family by issuing a notice; and he has not seriously challenged the conclusions of the lower appellate court based upon girja bai v. sadashiv dhundiraj (1916) 31 m.l.j. 455: l.r. 43 indap 151 : i.l.r. 43. cal. 1031. the case in venkateswara pattar v. mankayammal (1934) 69 m.l.j. 410 was one where a father of an insane son separated himself from him by a formal notice and is therefore dealing with facts essentially different. i must follow the earlier bench decision with reference to this notice and dismiss these appeals with costs.2. leave refused.
Judgment:

King, J.

1. The notice which is the subject-matter of these two appeals has already come before a Bench of this Court of which I was a member in C.C.C.A. No. 10 of 1934 and it was there held that it was inoperative to effect any division of status. Appellant's learned advocate has been unable to show me any judicial pronouncement to the effect that a person disqualified from claiming a share in joint family property may nevertheless sever his legal connection with that family by issuing a notice; and he has not seriously challenged the conclusions of the lower appellate Court based upon Girja Bai v. Sadashiv Dhundiraj (1916) 31 M.L.J. 455: L.R. 43 IndAp 151 : I.L.R. 43. Cal. 1031. The case in Venkateswara Pattar v. Mankayammal (1934) 69 M.L.J. 410 was one where a father of an insane son separated himself from him by a formal notice and is therefore dealing with facts essentially different. I must follow the earlier Bench decision with reference to this notice and dismiss these appeals with costs.

2. Leave refused.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //