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1975 Supreme(Mad) 221

RAMAPRASADA RAO, RATNAVEL PANDIAN
R. Selvaraj – Appellant
Versus
R. Radhakrishna Pillai – Respondent


Judgement

RAMAPRASADA RAO, J.:- The unsuccessful plaintiff in O.S. 3 of 1968 on the file of of the court of the Subordinate Judge, Nagapattinam, is the appellant. Originally the suit was numbered as O.S. 42 of 1967 on the file of the Court of the District Judge, East Tanjore at Nagapattinam. The suit is one for partition and separate possession of the plaintiff's one third share in the suit properties and for future profits. The plaintiff's case is that his paternal grandfather Rajagopal Pillai started a photo business in 1917 under the name and style of Sri Krishna Photo Studio. The first defendant plaintiff's father and the second defendants is the step-brother of the plaintiff. It is claimed that the first defendant got himself associated with his father in the photo business and both of them ran it as a joint family business. When the grandfather Rajagopala Pillai became old, the first defendant was in sole charge of the studio and the business and the plaintiff after completing the school course, participated in the same and contributed his labour also. Thus, the family photo business was continued after the death of Rajagopal Pillai in 1965 and considerable properties were acq































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