AIR 1952 KUTCH 69

Kutch Judicial Commissioner's Court

Hon'ble Judge(s): Vakil , J

(A) Hindu Law - Partition - One of the coparceners separating - Presumption. When one coparcener separates from the others, there is no presumption that the latter remain joint or united though it is open to the non-separating coparceners to remain joint and enjoy, as members of a joint family, the joint family property allotted to their share in partition. Instrument of partition effected may show whether the other members agreed to remain joint or reunited or separate.(Para 5) (B) Hindu Law - Partition - Cesser in commensality. Cesser in commensality is a fact to be considered in deciding the question whether there was severance of joint family status. But where cesser in commensality is preceded by a partition between the then existing coparceners, the question whether cesser in commensality was due to severance in joint family status or not is one of great importance. If from the partition deed it could be inferred that the other members did not intend to live as members of joint family, the subsequent cesser in commensality can reasonably be attributed to severance of joint family status and division inter se of the property allotted per stirpes in the first partition effected.(Para 6) ....