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1954 Supreme(Mad) 410

RAJAGOPALA AYYANGAR, P.V.RAJAMANNAR
V. C. Thani Chettiar – Appellant
Versus
Dakshinamurthy Mudaliar – Respondent


Advocates:
K.S. Champakesa Ayyangar and R. Gopalaswami Ayyangar for Appellants.
N.R. Raghavachari and V.C. Sri Kumar for Appellants.
S. Ramachandra Ayyar, G.M. Alagarswami, N.K. Mohanarangam Pillai, M.V. Gopalaratnam, N.K. Pattabhiraman, N.R. Raghavachari, V.C. Sri Kumar, V.M. Ramaswami, N. Gopala Menon, K.V. Muthukumaraswami Chettiar, S. Thyagaraja Ayyar and S. Rajagopala Ayyangar for Respondents in both appeals.
R. Gopalaswami Ayyangar for Appellant.
N.K. Mohanarangam Pillai, M.V. Gopalaratnam, N.K. Pattabhiraman and S. Ramachandra Ayyar for Respondents.

Rajamannar, C.J.†-These two Second Appeals involve an interesting question of law as to what is the period of limitation applicable to a suit filed by an alienee fr®m a coparcener of an undivided share in joint family property for general partition. There is very little direct authority on the question. The appeals were originally heard by Krishnaswami Nayudu, J., who referred them for decision by a Division Bench of this Court. These two appeals arise out of two suits for partition, O.S. No. 47 of 1946 and O.S. No. 23 of 1945 in the Court of the Subordinate Judge of Chingleput filed in the following circumstances. The properties in suit belonged to a joint family. The following pedigree shows the relationship between members, of this family:-

Defendants 1 to 4 are the descendants of Varadaraja Mudali and form one branch. Defendants 5 to 7 are the descendants of Singaravelu Mudali and form the other branch of the family. The family became heavily indebted and several suits were filed by creditors for the recovery of amounts due to them. One of such suits (O.S. No 9 of 1916) was filed by one Arunachala Mudali in the District Court of Chingleput. The members of the family who were ali








































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