Case: Puttarangamma &amp; 2 Ors Vs. M. S. Ranganna &amp; 3 Ors

plaintiff to revoke or withdraw the unambiguous intention to separate contained in the plaint, so as to restore the joint status and as such the members should be treated as divided members for the purpose of working out their respective rights. 6. We proceed to consider the next question arising in this appeal whether the plaint filed on January 13, 1951 was validly executed by Savoy Ranganna and whether he had affixed his thumb impression thereon after understanding its contents. The case of the appellants is that Sri M. S. Ranganathan prepared the plaint and had gone to the Sharda Nursing Home at about 9-30 or 10 a. m on January 13, 1951. Sri Ranganathan wrote out the plaint, which was in English and translated it to Savoy Ranganna who approved the same. P. W. 2, the clerk of Sri Ranganathan has deposed to this effect. He took the ink-pad and fixed the left thumb impression of Savoy Ranganna on the plaint and also on the Vakalatnama. There is the attestation of Sri M. S. Ranganathan on the plaint and on the Vakalatnama. The papers were handed over to P. W. 2 who after purchasing the necessary court-fee stamps filed the plaint and the Vakalatnama in the court at about 11-30 a. m. or 12 noon on the same day. The evidence of P. W. 2 is corroborated by P. W. 5 Chinnanna. Counsel on behalf of the respondents, however, criticised the evidence of P. W. 2 on the ground that the doctor, D. W. 6 had said that the mental condition of the patient was bad and he was not able to understand things when he examined him on the morning of January 13, 1951. D. W. 6 deposed that he examined Savoy Ranganna during his usual rounds on January 13, 1951 between 8 and 9 a. m. and found his pulse imperceptible and the sounds of the heart feeble On the question as to whether Savoy Ranganna was sufficiently conscious to execute the plaint and the Vakalatnama, the trial court has accepted the evidence of D. W. 2, Keshavaiah in preference to that of D. W. 6. We see no reason for differing from the estimate of the trial court with regard to the evidence of P. W. 2. The trial court has pointed out that it is difficult to accept the evidence of D. W. 6 that Savoy Ranganna was not conscious on the morning of January 13, 1951. In cross-examination D. W. 6 admitted that on the night of January 12, 1951 Savoy Ranganna was conscious. He further admitted that on January 13, 1951 he prescribed the same medicines to Savoy Ranganna as he had prescribed on January 12, 1951. There is no note of the necessary data in the case sheet, Ex. 1 to suggest the Savoy Ranganna was not conscious on January 13, 1951. It is therefore not unreasonable to asusme that the condition of Savoy Ranganna was the same on January 13, 1951 as on January 12, 1951 and there was no perceptible change noticeable in his condition between the two dates. In these circumstances it is not possible to accept the evidence of D. W. 6 that Savoy Ranganna was unconscious on the morning of January 13, 1951. It was pointed out on behalf of the respondents that D. W. 7, Miss Arnold has also given evidence that the condition of Savoy Ranganna became wrose day by day and on the last day his condition was very bad and he could not understand much nor would he respond to her calls. The trial court was not impressed with the evidence of this witness. In our opinion, her evidence suffers from the same infirmity as of D. W. 6, because the case sheet, Ex. I does not corroborate her evidence. It is also difficult to believe that D. W. 7 could remember the details of Savoy Rangannas case after a lapse of three years without the help of any written case sheet. There is also an important discrepancy in the evidence of D. W. 7. She said that on January 18, 1951 she called D. W. 6 at 12 noon since the condition of the patient was very bad but D. W. 6 has said that he did not visit Savoy Ranganna after 8 or 9 a. m. on that date. Comment was made by Counsel or behalf of the respondents that Sri Ranganathan was not examined as a witness to prove that he had prepared the plaint and Savoy Ranganna had affixed his thumb impression in his presence. In our opinion, the omission of Sri Ranganathan to give evidence in this case is unfortunate. It would have been proper conduct on his part if he had returned the brief of the appellants and given evidence in the case as to the execution of the plaint and the Vakalatnama. But in spite of this circumstance we consider that the evidence of the appellants on this aspect of the case must be accepted as true. It is necessary to notice that the plaint and the Vakalatnama are both countersigned by Sri. Ranganathan - a responsible Advocate - and it is not likely that he would subscribe his signature to these documents if they had been executed by a person who was unable to understand the contents there of. As we have already said, it is unfortunate that the Advocate Sri Ranganathan has not been examined as a witness, but in spite of this omission we are satisfied that the evidence adduced in the case has established that Savoy Ranganna validly executed the plaint and the Vakalatnama and that he was conscious and was in full possession of his mental faculties at the time of the execution of these two-documents. It follows therefore that the appellants and respondent No. 4 who are the daughters and legal representatives of Savoy Ranganna are entitled to a decree in the terms granted by the District Judge of Mysore.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]It is admitted that Savoy Ranganna was very old, about 85 years of age and was ailing of chronic diarrhoea. He was living in the family house till January 4, 1851 when he was removed to the Sharda Nursing Home where he died on January 13, 1951 at 3 p. m. According to the case of respondent No. 1 Savoy Ranganna had a paralytic stroke in 1950 and was completely, bed-ridden there after and his eye-sight was bad for 5 to 6 years prior to his death. It was alleged in the Written Statement that Savoy Ranganna was unconscious for some days prior to his death The case of respondent No. 1 on this point is disproved by the evidence of D. W. 6, Dr. Venkata Rao who was in-charge of the Sharda Nursing Home on the material dates This witness admitted that the complaint of Savoy Ranganna was that he was suffering from chronic diarrhoea for over five months. He was anaemic but he was not suffering from any attack of paralysis. As regards the condition of Savoy Raganna on January 8, 1951, the evidence of P. W. 1, Dr. Subbaramiah is important. This witness is the owner of the Sharda Nursing Home and he has testified that the notice Ex. A was read over to Savoy Ranganna and after getting read the latter affixed his thumb mark there on. The witness asked Savoy Ranganna whether he was able to understand the contents of the notice and the latter replied in the affirmative. The witness has certified on the notice, Ex. A-1 that Savoy Ranganna was conscious when he affixed his left thumb mark to the notice in his presence No reason was suggested on behalf of the respondents why the evidence of this witness should be disbelieved4. It is now a settled doctrine of Hindu Law that a member of a joint Hindu family can bring about his separation in status by a definite, unequivocal and unilateral declaration of his intention to separate himself from the family and enjoy his share in severalty. It is not necessary that there should be an agreement between all the coparceners for the disruption of the joint status. It is immaterial in such a case whether the other coparceners give their assent to the separation or not. The jural basis of this doctrine has been expounded by the early writers of Hindu LawThe process if communication may, however, vary in the circumstances of each particular case.It is not necessary that there should be a formal despatch to or receipt by other members of the family of the communication announcing the intention to divide on the part of one member of the joint family. The proof of such a despatch or receipt of the communication is not essential, nor its absence fatal to the severance of the status. It is, of course, necessary that the declaration to be effective should reach the person or persons affected by some process appropriate to the given situation and circumstances of the particular case. Applying this principle to the facts found in the present case, we are of opinion that there was a definite and unequivocal declaration of his intention to separate on the part of Savoy Ranganna and that intention was conveyed to respondent No. 1 and other members of the joint family and respondent No. 1 had full knowledge of the intention of Savoy Ranganna. It follows therefore that there was a division of status of Savoy Ranganna from the joint Hindu family with effect from January 8, 1951 which was the date of the notice6. We proceed to consider the next question arising in this appeal whether the plaint filed on January 13, 1951 was validly executed by Savoy Ranganna and whether he had affixed his thumb impression thereon after understanding its contents. The case of the appellants is that Sri M. S. Ranganathan prepared the plaint and had gone to the Sharda Nursing Home at about0 or 10 a. m on January 13, 1951.Sri Ranganathan wrote out the plaint, which was in English and translated it to Savoy Ranganna who approved the same. P. W. 2, the clerk of Sri Ranganathan has deposed to this effect. He took the ink-pad and fixed the left thumb impression of Savoy Ranganna on the plaint and also on the Vakalatnama. There is the attestation of Sri M. S. Ranganathan on the plaint and on the Vakalatnama. The papers were handed over to P. W. 2 who after purchasing the necessary court-fee stamps filed the plaint and the Vakalatnama in the court at about 11-30 a. m. or 12 noon on the same dayComment was made by Counsel or behalf of the respondents that Sri Ranganathan was not examined as a witness to prove that he had prepared the plaint and Savoy Ranganna had affixed his thumb impression in his presence. In our opinion, the omission of Sri Ranganathan to give evidence in this case is unfortunate. It would have been proper conduct on his part if he had returned the brief of the appellants and given evidence in the case as to the execution of the plaint and the Vakalatnama. But in spite of this circumstance we consider that the evidence of the appellants on this aspect of the case must be accepted as true. It is necessary to notice that the plaint and the Vakalatnama are both countersigned by Sri. Ranganathan - a responsible Advocate - and it is not likely that he would subscribe his signature to these documents if they had been executed by a person who was unable to understand the contents there of. As we have already said, it is unfortunate that the Advocate Sri Ranganathan has not been examined as a witness, but in spite of this omission we are satisfied that the evidence adduced in the case has established that Savoy Ranganna validly executed the plaint and the Vakalatnama and that he was conscious and was in full possession of his mental faculties at the time of the execution of these two-documents. It follows therefore that the appellants and respondent No. 4 who are the daughters and legal representatives of Savoy Ranganna are entitled to a decree in the terms granted by the District Judge of Mysore.