1301 of 1979.
Appellants husband had also filed a suit claiming a leasehold right in the said property.
Plaintiffs in the suit are the respondents before us.
Both the suits were heard together.
68 of 1984 was allowed, in turn, allowing an appeal from a judgment and decree dated 27.07.1984 passed by the Court of the Principal District Munsif, Arni in Original Suit No.
However, the mother of the appellant left the family in or about 1945 and married another person.
Respondents filed a suit for declaration and injunction against her in the Court of Munsif.
The companytention of the respondents was that the property being a joint family property on the death of Kesava Gounder in 1943, they succeeded thereto by survivorship and had been enjoying the same ever since and only at a much later date the appellant made an attempt to disturb their possession.
1, she was also given in marriage.
1 were brothers.
Immediately prior to his death, he allegedly expressed his intention to severe his status as a member of the joint family.
The Trial Court by its judgment and order dated 27.07.1984 opined that the said Kesava Gounder died in the year 1943 as a member of undivided joint family and, thus, the appellant had derived numberright, title and interest in the said property by succession or otherwise.
Kesava Gounder was suffering from small pox.
The wife of the said Kesava Gounder mother of the appellant herein and the appellant were admittedly looked after by the respondents.
He died in 1943.
They admittedly were members of a joint family.
She allegedly claimed a share in the property.
Possession of the respondents was sought to be disturbed.
The principal issue which arose for companysideration in the said suit was as to whether the said Kesava Gounder had expressed his intention to separate as a result whereof the joint family severed although numberpartition by meets and bounds took place.
An appeal preferred thereagainst by the appellant, however, was allowed by the Subordinate Judge holding that the father of the appellant died as a divided member of the joint family as a result whereof she became entitled to claim half share.
Appellant was number only brought up by Respondent No.
Kesava Gounder and Respondent No.
The said suit was filed for declaration and injunction against the appellant herein.
J U D G E M E N T B. SINHA,J. This appeal is directed against a judgment and decree dated 31.07.1998 passed by a learned Single Judge of the High Court of Judicature at Madras in Second Appeal No.
1899 of 1985 whereby and whereunder an appeal under Section 100 of the Code of Civil Procedure preferred by the respondents herein from a judgment and decree dated 11.09.1985 passed by the Subordinate Judge, Arni, North Arcot District in Appeal Suit No.
