Bhagwati, J. - (1.) These appeals with certificates of fitness under Art. 133 of the Constitution raise an interesting question as to the equities arising out of a partition between the erstwhile members of a joint family.
(2.) A suit for partition of the properties belonging to a well known Odayar family in the West Tanjore District was filed in the Court of the Subordinate Judge of Kumbakonam (being Original Suit No. 22 of 1924). Amongst the parties to that suit were defendants Nos. 3 and 6, Balaguruswami Odayar and Swaminatha Odayar respectively, the former of whom is the natural father of the latter, who went by adoption into another branch of the family. Defendant No. 6 was entitled to a 4/15th share and defendant No. 3 was entitled to a 2/15th share in the properties belonging to the joint family. A preliminary decree for partition was passed on 25th October 1924. The defendant No. 3 became insolvent during the pendency of an appeal which was taken against that preliminary decree. The Official Receiver of West Tanjore who represented the branch of the third defendant was impleaded as a party to the suit on 12th February 1929. The final decree for partition was passed on 26th September 1932, by the Subordinate Court at Kumbakonam. The defendant No. 6 carried an appeal to the High Court of Judicature at Madras being A.S. No. 60 of 1933 and the High Court ultimately passed a final decree on 9th May 1938.
(3.) Under the terms of this decree certain properties fell to the share of the third defendant's branch and for the purpose of equalising on partition the Official Receiver of West Tanjore, representing the third defendant's branch was ordered to pay a sum of Rs. 24, 257-0-8 to the defendant No. 6. This amount was to carry interest at 6 per cent. per annum from 26th September 1932, and there were various adjustments ordered inter se. It was further ordered that the Official Receiver of West Tanjore in whom the estate of the third defendant's branch was vested should sell such portions of the estate as were not subject to the charge for the maintenance of the ninth defendant in order to pay off the amounts decreed to be paid by the third defendant and should make payments on behalf of the third defendant's branch in accordance with the judgment therein.;