1925 (9) TMI 1

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.... executed a deed of partition partitioning his own share and that of each of the sons inter se. Both the lower Courts held that he had power to effect such a complete partition and agreed that ' it had been acted upon inter se by the sons of the younger wife Tai. The lower appellate Court held that it had also been acted upon inter se by the appellant and his brothers, the sons of his elder wi....

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....y the father, In any case that single circumstance would not justify us, in the face of the other evidence, in allowing the finding of the lower appellate Court to be questioned. But as a matter of fact the sons of Yesa inter se had also acted upon the partition and had enjoyed the property separately. The appellant Bapu had in a previous litigation himself admitted the partition inter ae among th....

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....held by the Madras High Court in Kandasami v. Doraisami Ayyar (1880) I.L.R. 2 Mad. 317 a case which resembles the present, that the father with two wives effecting a partition among the sons and himself had the power for which the respondents contend. That such a power may exist appears to be implicitly conceded in the decision of their lordahips of the Privy Council in Ramkishore Kedarnath v. Jai....