GUMMANNA SHETTY & ORS versus NAGA VENIAMMA

GUMMANNA SHETTY & ORS versus NAGA VENIAMMA

The deed dated September 4, 1900 neither effected an out-right partition of the joint family under Aliyasanthana Law nor satisfied the statutory requirements to be deemed a partition under section 36(6) of the Madras Aliyasanthana Act, 1949, as the family was split into artificial branches and not according to natural kavarus.

Parties
Appellant: Gummanna Shetty & Ors.; Respondent: Naga Veniamma
Jurisdiction
India
Judgment Date
04 May 1967
Procedural Posture
Civil Appeal / Supreme Court Appeal From Judgment and Order of the Mysore High Court in Regular Appeal No. (m) 70 of 1956
Outcome
Appeal allowed
Legal Topics
Partition, Aliyasanthana Law, Interpretation of Deeds, Madras Aliyasantana Act 1949
Family Law Succession Law Partition Aliyasanthana Law Interpretation of Deeds Madras Aliyasantana Act 1949

Case Brief

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Parties

Gummanna Shetty & Ors.

Appellant

Naga Veniamma

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Judgment and Order of the Mysore High Court in Regular Appeal No. (m) 70 of 1956

Legal Issues

  1. 1 Whether the deed dated September 4, 1900 effected an out-right partition of the joint family properties under Aliyasanthana law or was a division for convenience of enjoyment only
  2. 2 Whether the deed can be deemed a partition under section 36(6) of the Madras Aliyasanthana Act, 1949

Ratio Decidendi

The deed dated September 4, 1900 neither effected an out-right partition of the joint family under Aliyasanthana Law nor satisfied the statutory requirements to be deemed a partition under section 36(6) of the Madras Aliyasanthana Act, 1949, as the family was split into artificial branches and not according to natural kavarus.

Court Disposition

Appeal allowed

Orders

  • The judgment and decree passed by the High Court is set aside.
  • The decree of the trial court is restored.