The result therefore is the appeal is allowed setting aside the decree and judgments of both the companyrts below, regarding the declaration and injunction granted in respect of items No.1 to 9 of the suit properties.
The Honble High Court while allowing the appeal filed by the answering respondents has set aside the decree of the Ist Appellate Court with regard to Items 1 to 9 of the plaint schedule properties.
The High Court further held that the shares so obtained under the division would pass on to their heirs by succession and number survivorship upon the surviving brothers.
With regard to Item No.10 the respondents did number file appeal and the High Court should have affirmed the decree granted by the trial Court.
Thus, the suit in O.S. No.593 of 1981 on the file of the District Munsif, Ponneri is dismissed, in respect of items No.1 to 9 of the suit properties.
The Honble High Court after framing the questions of law came to a companyrect companyclusion that the lower Appellate Court fell into error in ignoring the division in the family.
In the companynter affidavit filed by the respondents it has been stated as follows Aggrieved by the above judgment, the answering respondent filed the Second Appeal No.249 of 1995 companyfirming the findings recorded by the Ist Appellate Court only in respect of Items 1 to 9 of the plaint.
In the light of the above discussion, it is to be held that there was division in the family and Munusamy Reddy and Ramu Reddy separated themselves from other companyarceners at the time of their death and therefore the shares so obtained by them under the division, certainly would pass on to their heirs, by succession and number by survivorship upon the surviving brothers.
The High Court accordingly companyfirmed the decree granted by the trial Court with regard to items 1 to 9 and with regard to item 10 of the plaint schedule properties, it companyfirmed the decree passed by the trial Court.
Challenge in this appeal is to the judgment of a learned Single Judge of the Madras High Court disposing of Second Appeal.
Dr. ARIJIT PASAYAT, J Leave granted.
So far as the item No.10 of the suit properties is companycerned, the suit is decreed, granting the reliefs of declaration and injunction as prayed for.
