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TMI Blog1925 (9) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... r or not, after thus acquiring the suit house, the 8th defendant threw it into the common stock of the joint family consisting of himself and defendants 2 to 6 subsequent to his acquisition of it and before the family became divided in interest which event took place in 1904. Now, the District Munsif found that the 8th defendant had not thrown it into the common stock, that is to say, that he had not given up his own exclusive rights and treated the property as joint family property. On the other hand, the Subordinate Judge held, differing from the District Munsif, that the evidence did establish that the house was thrown into the common stock. 2. The first point that is pressed on me is as to Ex. VI. Now Ex. VI is a book containing a li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ily property of all the defendants. Ex.VI here was Ex.II in that case, and the tope in question was entered on pages 15 and 16 with other family property, the 1st defendant purporting to have signed the document on page 1 6. As found by the District Judge, the 1st defendant denied his signature on page 16, and there was a difference between his alleged signature on page 16 and his admitted signature at the end of page 11. The finding was that there was no proof that the 1st defendant signed Ex. II at page 16 and that no inference can be drawn that the 1st defendant threw the lands into the common stock. The finding was accepted by the High Court. 3. Now, it seems to me that this decision can have no bearing whatever on the present case. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urther question arises whether the law which has been quoted to me makes any difference in this view. I will first deal with the cases cited on behalf of the appellant. The first is that in Lala Muddum Gopal Lal v. Khikhinda Koer (1890) L.R. 18 I.A. 9 : I.L.R. 18 C. 341 (P.C.). In that case there were two brothers and one of them was disqualified under the Hindu Law on account of a physical infirmity. The brother of the disqualified co-parcener nevertheless treated his brother as a member of the family entitled to equal rights until it became clear that the latter's malady was incurable. Their Lordships said that acts done out of kindness and affection to the disadvantage of the doer of them, should not be construed as a gift when it i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... joint family and therefore not a co-parcener; and in Venkata Reddi v. Kuppa Reddi (1918) 8 L.W. 400. Seshagiri Aiyar, J. who delivered the judgment of the Court came to the conclusion that the first and the fourth branches of the family there became divided inter se and that they held the A Schedule properties as tenants-in-common, i. e., that they had become divided. The question there was whether joint living, failure to keep accounts, the fact that marriage expenses were incurred indiscriminately without reference to the shares belonging to the two branches and that acquisitions were made jointly would constitute what was originally separate property into co-parcenary property; so that if the first branch elected to throw its extra share ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h all deference to the learned Judge, to see how the conversion would ordinarily be by exchange or sale. If the transaction were one by way of gift, it being impossible for a man to make a gift to himself, I gather we should have to conceive the donor as in the position of a stranger to the co-parcenary of which he is in fact himself a member. However, this is a question that need not be gone into by me at the present moment. The question is an interesting one raised by the learned Judge as a matter of doubt in his own mind and it still awaits as far as I am aware an authoritative decision. 7. Beyond this there is no authority that has been produced before me for saying that, where a co-parcenary owner of self-acquired property wishes to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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