Claim for joint family property.

These three appeals arise out of three suits, which were disposed of by the learned Subordinate Judge, Pudukottai, by a common judgment. The substantial question involved in all the three suits is the same and as the three suits were inter-connected they were tried together by consent of parties.

It is first necessary to set out the following geneological tree to show the relationship between the parties:

The first suit O.S. No. 6 of 1958 has been filed by the plaintiff herein (the appellant in these appeals), one Rathinam Pillai, for partition and separate possession of half-share in the properties set out in the schedule appended to the plaint after taking into consideration, the properties mentioned in the C Schedule which have been given to him. In this suit Chinniah Pillai’s son (Swamikannu’s brother) Rathinam Pillai is the plaintiff, Swamikannu’s two sons and daughter are respectively defendants 1, 2 and 4, while Swamikannu’s wife is the 3rd defendant. The case is that his father Chinniah Pillai was a native Christian, and that even though the father and the sons are all Christians, they followed the customary Hindu law of succession and inheritance, with the incidents of the law of joint family and coparcenary property. The plaintiff’s case is that his father, Chinniah Pillai, was carrying on a grocery shop and a money-lending business on a large scale at Ceylon for nearly 35 years before his death in 1929, that sometime prior to his death Chinniah Pillai came to Tirumayam, his native place, and at that time, SwamiKannu was in Colombo looking after the business, that after the death of Chinniah Pillai, the money-lending business and the grocery shop at Ceylon were managed by Swamikannu, the eldest member of the family, that with the aid of the business assets and the assets of the money-lending business, Swamikannu acquired several items of properties, that his two brothers, Singarayar and Nalliah were married out of the common funds of the family, that in 1907, Swamikannu obtained a release deed from the two brothers, Singarayar and Nalliah, that in 1942, Swamikannu obtained another release deed from the other brother, Doraisami, that thereafter, the plaintiff and Swamikannu alone continued to live together in the family house as members of a joint family, that Swamikannu was throughout very much attached and affectionate towards the plaintiff till Swamikannu died suddenly on 18th November, 1956 at Madras and that all the properties, whether immovable, movable, cash and outstandings and shares in companies, whether in the name of the plaintiff or in the name of Swamikannu, are all joint family properties in which the plaintiff would be entitled to a half share.

The plaintiff’s further case is that he was studying in the college till 1943 (the expenses of education being met by Swamikannu), that in 1943 a wholesale paddy and rice and grocery business and business in other items was started in the name and style of Swami Stores, with the aid of ancestral assets brought from Ceylon, that the business was carried on with the aid of ancestral nucleus and by the joint exertions of labour and skill of the plaintiff and Swamikannu, that in 1953 another business in cement tubes was started in Thambu Chetti Street, Madras, and that the plaintiff is entitled to a half share in all the business assets, as the investments therein and the money-lending business at Madras were all taken from the assets of Swami Stores, Tirumayam.

The plaintiff’s further case is that in June, 1954, Swamikannu with the consent of the plaintiff gave the grocery business at Tirumayam to the plaintiff on a valuation of Rs. 10,000, that the sum of Rs. 10,000 was debited against the plaintiff in the accounts, that the money-lending business at Tirumayam and in Madras were kept common. The plaintiff also alleged that shortly thereafter Swamikannu arranged to make separate allotment of properties in the name of the plaintiff and in the names of the