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Judgment
We think that the District Munsif did decide the suit on a preliminary point within the meaning of Section 562, CPC Ramachandra Joishi v. Hazi
Kassim ILR 16 Mad. 207. The order of remand was therefore legal.
As to the merits of the remand order, it is urged that Exhibit I is merely a transfer, of the life-interest of the first defendant so as to accelerate the
succession of the next heir. We observe that there is no statement in Exhibit T, that a life-interest merely is transferred, and the concluding -words
in which she speaks of the donee possessing henceforth full powers of sale, etc., indicate that the woman purported to transfer such absolute
interest. We observe further that the donee at once proceeded to exercise the rights of an absolute owner and transferred the property to the
defendants Nos. 3 to 5. In these circumstances, we think that the view taken by the Subordinate Judge is correct, and that plaintiffs had a cause of
action.
We therefore dismiss this appeal with costs.