Judgement

Consolidated Appeal and Cross-appeal (No. 96 of 1928) from a decree of the High Court at Rangoon (May 18, 1927) varying a decree of the District Court of Thaton (May 4, 1926).

The suit was instituted by the respondents in the main appeal on September 20, 1923, but proceeded to trial upon an amended plaint dated August 22, 1924. The plaintiffs claimed a declaration of title to, and partition of, a fourth share of certain land which the appellants had bought at a Court sale under a mortgage, and an account.

The facts giving rise to the litigation appear from the judgment of the Judicial Committee.

The trial judge dismissed the suit on the ground that the plaintiffs had no cause of action. On appeal the High Court (Rutledge C.J. and Brown J.) set aside the decision and made a decree for accounts. The grounds of the decisions appear from the present judgment.

The defendants appealed, contending that the plaintiffs had no cause of action, and that if they had it was barred by limitation; the plaintiffs cross-appealed, contending that they were entitled under the Indian Trusts Act, 1882, to a quarter of the land.

1930. July 15, 17. E. B. Raikes K.C. and G. D. McNair for the appellants.

Pennell for the respondents.

Oct. 14. The judgment of their Lordships was delivered by

LORD THANKERTON. The parties to this appeal are Chettiar money-lenders and bankers. The plaintiff-respondents represent the firm of A. M. K. Chettiar, and the defendant-appellants represent the N. R. M. A. Chettiar firm. Other defendants to the suit, who are not appellants, represented the S. K. T. Chettiar firm and the R. M. A. T. Chettiar firm. The respondents A. M. K. derive their interest under and assignment from R. M. A. T. and the appellants under an assignment from S. K. T. and another Chettiar firm T. A. R. M. The effect of these assignments is in issue in the suit.

Prior to the death of one Vijayan Servai, in March, 1904, S. K. T. had made considerable monetary advances to him, and after his death up to 1906 they had made certain further advances to the administrator of his estate. These advances had been secured by a mortgage for Rs. 10,000 dated September 22, 1902, and other securities in favour of S. K. T. In fact the money for these advances was provided jointly by S. K. T., R. M. A. T., and another Chettiar firm, T. A. R. M.; the interest of the last-named firm was subsequently taken over by S. K. T., and T. A. R. M. need not be further considered. It is now agreed that R. M. A. T. provided one-fourth of the advances.

In March, 1906, the heirs of Vijayan Servai filed a suit for administration of his estate, to which the administrator of his estate and S. K. T. were called as defendants, in the District Court of Moulmein.

The suit was defended.

On September 26, 1906, an indenture was executed to which S. K. T., T. A. R. M. and N. R. M. A. were parties, but to which R. M. A. T. were not parties. By that deed S. K. T. and T. A. R. M. transferred and assigned to N. R. M. A., the present appellants, all the outstanding debts due from the

Law Rep. 58 Ind. App. 1 ( 1930- 1931) Annamalai C hettiar V. A. M. K. C . T. Muthukaruppan C hettiar 157

estate of Vijayan Servai, all interest accruing from June 21, 1906, and their securities, all as set out in schedules annexed to the indenture. It further provided as follows " The said S. K. T. and T. A. R.

M. are freed and discharged from all responsibilities for all cases now pending in the District Court of Amherst and from all cases that may be brought hereafter by any one in connection with the outstandings and securities hereby transferred and assigned." Thereafter S. K. T. acted as attorneys for N. R. M. A. in the administration suit. It may be explained that the administration suit was No. 21 of 1906 of the District Court of Thaton, which sits at Moulmein, the headquarters of the Amherst District, although variously described as the District Court of Moulmein or of Amherst.

On May 13, 1907, the Distric