A.I.R. 1921 Madras 443 ::(1921) 14 Mad LW(136) 668 ::(1921) 41 Mad LJ(134) 503 ::1921 (41) Mad LJ 503 ::1921 (14) Mad LW 668 ::1921 Mad WN 742 ::(1922) 70 Ind Cas 146

Madras High Court

Hon'ble Judge(s): Phillips, Krishnan , JJ

(A) Hindu Law - Partition - Re-union restores parties to original status. Per Phillips, J.- A re-union between the parties restores them to their original status and when a partition is offected, the shares are the same as they would be at the original partition irrespective of the amount of capital contributed by each co-parcener. 15 M.L.T. 352, Not Foll ; 39 Bom. 734, 10 M. I. A. 403, Foll. (B) Hindu, Law - Joint-family-Manager is not liable to account for - past income but is bound to account for. assets, as they existed at time of partition. A Hindu manager is not responsible for the manner in which he has disposed of the family income in the past, except in the case of a fraud or misappropriation, but when a partition is demanded he cannot evade his liability to give an account of the assets of the family as it existed at the time of partition. The parties are not bound to accept the statement of the Karta as to what the properties consist of and the manager is the accountable party and the Court can order an account to be taken. 43 Cal. 459, Ref. .....