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Sripati Chinna Sanyasi Razu Vs. Sripati Suriya Razu and ors. - Court Judgment

LegalCrystal Citation
SubjectFamily;Property
CourtChennai
Decided On
Judge
Reported in(1882)ILR5Mad196
AppellantSripati Chinna Sanyasi Razu
RespondentSripati Suriya Razu and ors.
Excerpt:
suit by hindu coparcener for share of house sold - general partition of family estate not claimed. - charles a. turner, kt., c.j.1. there is no doubt that a suit will not lie for a partial partition of undivided family property, but where one of two coparceners alienes to a stranger his interest in a piece of joint family property, the other co-parcener may either exercise his right of interdiction, or affirm the act and claim by partition to recover from the stranger that share to which the alienation cannot extend and which has now become his separate property.2. the decrees of the courts below are set aside, and the suit will be remand-ed to the court of first instance for trial on the merits.3. the costs of the proceedings had hitherto will abide and follow the result.
Judgment:

Charles A. Turner, Kt., C.J.

1. There is no doubt that a suit will not lie for a partial partition of undivided family property, but where one of two coparceners alienes to a stranger his interest in a piece of joint family property, the other co-parcener may either exercise his right of interdiction, or affirm the act and claim by partition to recover from the stranger that share to which the alienation cannot extend and which has now become his separate property.

2. The decrees of the Courts below are set aside, and the suit will be remand-ed to the Court of First Instance for trial on the merits.

3. The costs of the proceedings had hitherto will abide and follow the result.


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