High CourtsDivision Bench(1940) 02 MAD CK 0011

S. Gopalachariar vs Nallayya Chetty and Others

Madras High Court · Decided on 23 February 1940 · Citation: (1940) 51 LW 762 : (1940) 1 MLJ 911

HON’BLE JUDGES
King, J

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Judgment

9 paragraphs · 177 words

King, J.—The notice which is the subject-matter of these two appeals has already come before a Bench of this Court of which I was a

member in C.C.C.A. No. 10 of 1934 and it was there held that it was inoperative to effect any division of status. Appellant''s learned advocate has

been unable to show me any judicial pronouncement to the effect that a person disqualified from claiming a share in joint family property may

nevertheless sever his legal connection with that family by issuing a notice; and he has not seriously challenged the conclusions of the lower

appellate Court based upon Girja Bai v. Sadashiv Dhundiraj (1916) 31 M.L.J. 455: L.R. 43 IndAp 151 : ILR 43. Cal. 1031. The case in

Venkateswara Pattar v. Mankayammal (1934) 69 M.L.J. 410 was one where a father of an insane son separated himself from him by a formal

notice and is therefore dealing with facts essentially different. I must follow the earlier Bench decision with reference to this notice and dismiss these

appeals with costs.

2.

Leave refused.