High CourtsDivision Bench(1917) 10 MAD CK 0005

Kalliani Ammal and Others vs P. Narayana Menon and Others

Madras High Court · Decided on 3 October 1917 · Citation: AIR 1918 Mad 286 : 45 Ind. Cas. 758

HON’BLE JUDGES
John Wallis, C.J · Seshagiri Aiyar, J

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Judgment

4 paragraphs · 99 words
1.

We think the Will amounted to a conditional ratification of the partition, to take effect if he died without setting it aside, and that the ratification

completes the partition. Arayalprath Kunhi Pocker v. Kanthilath Ahmad Kuti Haji 29 M. 62. The properties claimed were assigned to the

deceased as his share, and we do not think his right to them could be made conditional on his taking possession of them during his life-time.

2.

We reverse the decree of the Subordinate Judge and restore that of the District Munsif with costs here and in the lower Appellate Court.