LORD THANKERTON, LORD SALVESEN, SIR JOHN WALLIS
BABU ALIAS GOVINDOSS KRISHNADOSS – Appellant
Versus
OFFICIAL ASSIGNEE OF MADRAS – Respondent
Judgement
Consolidated Appeals (Nos. 101 to 106 of 1932) from six decrees of the High Court in its appellate jurisdiction (April 1, 1931) reversing and varying six decrees of the High Court in its original jurisdiction bearing different dates.
The consolidated appeals, in each of which Babu alias Govindoss Krishnadoss was the appellant, raised two main questions—namely, (1.) whether a firm, which traded in Madras from 1890 to 1924 under the name Mulidoss Ramdoss & Co., and at the date of the litigation was in liquidation, was a joint Hindu family trading business or a partnership firm ; and if the latter, (2.) whether the appellant, as representative of his father Krishnadoss, who was a member of the firm until his death in 1908, was entitled to his fathers share in the assets of the partnership free from debts, secured and unsecured, contracted by the firm long after 1908.
The facts are stated in the judgment of the Judicial Committee.
The six suits to which the present consolidated appeal related were tried together by Venkatasubba Rao J. The learned judge held that the partition award of 1890 effected a complete partition between all five brothers, and that subsequent conduct wa
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