Sripati Chinna Sanyasi Razu vs Sripati Suriya Razu And Ors. on 4 April, 1882

Madras High Court
Sripati Chinna Sanyasi Razu vs Sripati Suriya Razu And Ors. on 4 April, 1882
Equivalent citations: (1882) ILR 5 Mad 196
Author: K Charles Turner
Bench: C A Turner, Kt., M Ayyar


JUDGMENT

Charles A. Turner, Kt., C.J.

1. There is no doubt that a suit will not lie for a partial partition of undivided family property, but where one of two coparceners alienes to a stranger his interest in a piece of joint family property, the other co-parcener may either exercise his right of interdiction, or affirm the act and claim by partition to recover from the stranger that share to which the alienation cannot extend and which has now become his separate property.

2. The decrees of the Courts below are set aside, and the suit will be remand-ed to the Court of First Instance for trial on the merits.

3. The costs of the proceedings had hitherto will abide and follow the result.

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