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Sarveshri Shettathi Vs. Puttamma Shettathi and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in29Ind.Cas.474
AppellantSarveshri Shettathi
RespondentPuttamma Shettathi and ors.
Cases ReferredArayalprath Kunhi Packer v. Kanthilath Ahmed
Excerpt:
alayasanthana law - joint family--minority--partition of family property, when allowed. - 1. it has been held in arayalprath kunhi packer v. kanthilath ahmed 29 m.p 62 in a case under the marumakatayam law that where there are minors a partition of the tarwad property must be shown to be beneficial to the minors, and we see no reason for applying a different rule to cases such as the present arising under the alayasanthana law. the lower appellate court has found that in this case the partition was not beneficial to the minors and the second appeal must be dismissed with costs.
Judgment:

1. It has been held in Arayalprath Kunhi Packer v. Kanthilath Ahmed 29 M.P 62 in a case under the Marumakatayam Law that where there are minors a partition of the tarwad property must be shown to be beneficial to the minors, and we see no reason for applying a different rule to cases such as the present arising under the Alayasanthana Law. The lower Appellate Court has found that in this case the partition was not beneficial to the minors and the second appeal must be dismissed with costs.


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