High CourtsFull Bench(1891) 04 MAD CK 0011

Rangasami vs Krishnayyan and Others

Madras High Court · Decided on 14 April 1891 · Citation: (1891) ILR (Mad) 408

HON’BLE JUDGES
Shephard, J · Parker, J · Muttusami Ayyar, J · Arthur J.H. Collins, J

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Judgment

7 paragraphs · 123 words
1.

The decision of the Full Bench is that plaintiff is entitled only to one-tenth share of the house. It is argued that what was the actual share was not

the question before the Full Bench, but we observe that the Division Court, which referred the case, distinctly held that one-tenth and not one-fifth

was the share to which plaintiff was entitled, and this was expressly stated in the order of reference, and must have been considered by the Full

Bench.

2.

We refuse to interfere with the decree of the Subordinate Judge, giving Its. 21, the value of the tenth share of the house, to plaintiff and not the

share of the house itself.

3.

The second appeal is dismissed with costs,