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1954 Supreme(Mad) 280

MACK, KRISHNASWAMI NAYUDU
Dhanapala Chettiar – Appellant
Versus
Minor Krishna Chettiar represented by his next friend Subramania Chettiar – Respondent


Advocates:
S. Tyagaraja Aiyar for Appellant.
S. Sankara Aiyar and R. Gopalaswami Aiyangar for Respondents.

Krishnaswami Nayudu, J.-This is an appeal against the final decree in a partition suit. The 2nd defendant is the appellant. Himself and the 1st defendant are the sons by the first wife of one Muthu Chetti, the plaintiff being the only son of Muthu Chetti by his second wife, who is the 3rd defendant. Defendants 4 and 5 are the daughters of the 3rd defendant and sisters of the plaintiff. Defendants 6 and 7 are the daughters by the first wife. Muthu Chetti was doing business in cloth and in money-lending and also owned a rice mill. When Muthu Chetti died on 22nd June, 1933, the 1st defendant as the only major member of the family being the eldest took possession of the estate and managed the same. The suit for partition was necessitated by reason of the extravagant and wasteful life led by the 1st defendant, who has been found to have neglected the business and lived a fast life keeping concubines and spending recklessly. The preliminary decree for partition was passed on 10th January, 1942 and the 3rd defendant was declared entitled to maintenance during her lifetime and defendants 4 and 5 to suitable marriage provision and for maintenance till their respective marriages. The 3rd def
























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