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1971 Supreme(Mad) 318

K.S.VENKATARAMAN, N.KRISHNASWAMY REDDY
V. Srinivasan – Appellant
Versus
Sundaramurthi – Respondent


Advocates:
B. Soundarapandian, for Appellants.
N.R. Raghavachari, C.L. Vijayaraghavan and R. Venkatasubbaraju, for Respondents.

Kirshnaswamy Reddy, J.-Defendants 1 to 3 are the appellants. The plaintiff, the younger brother of the first defendant, filed the suit in forma pauperis for partition of his half share in schedules A,B C mentioned in the plaint and for rendition of accounts of joint family business of Soda and Cigar factories. The learned Subordinate Judge passed a preliminary decree for partition of items 2 and 3 of A schedule properties into two equal shares and to allow one such share to the plaintiff and for a division of items 6 to 8 and 16 to 18 of the moveable C schedule properties. Under the preliminary decree, the plaintiff was made liable to pay a moiety of the debt due under Exhibit B-8. The suit was dismissed in other respects. The plaintiff filed a memo, of cross-objections.

2. Defendants 2 and 3 are the minor sons of the first defendant, the brother of the plaintiff, and the fourth defendant is the wife of the first defendant. The case of the plaintiff is that he and his brother, the first defendant were members of a joint family. Their father Vaithilinga Padayachi, who died, during his life time, purchased item 2 of the A schedule properties bearing door No. 12, Angalamman Koil Street




























































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