Sir Madhavan Nair:-

This is a consolidated appeal from a decree of the High Court of Judicature at Madras dated 21st October 1940, which modified a decree of the Subordinate Judge of Coimbatore dated 26th March 1937. The appeal arises out of a suit brought by the appellant representing the joint Hindu family firm AL. VR. ST., which carried on business as money lenders, against its agent the respondent, for accounts. The dispute between the parties now relates to the liability of the respondent with reference to certain items of account decided against the appellant by the High Court. It may be mentioned that the respondent though an agent of the appellant's firm was authorised to carry on business for his personal benefit and to draw from the firm for that purpose, and the accounts disclose that he was carrying on business on behalf of some of his relations and "possibly of some relations of the plaintiffs also."

The business of the family carried on at Bhavani in the Coimbatore District of the Province of Madras, with which this litigation is concerned, was started in 1911 by the father of the appellant Virappa and his two brothers, Lakshman and Bamanathan. The father died in 1913.