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1936 Supreme(Mad) 99

VENKATARAMANA RAO
Vaikuntam Pillai – Appellant
Versus
Avudiappa Pillai – Respondent


JUDGMENT

Venkataramana Rao, J.

1. This is a suit for partition and separate possession of the plaintiffs 1/12th share in the suit properties. Defendant 1 is the father of the plaintiff, defendants 2 to 5 are the brothers of the plaintiff and also the sons of defendant 1. Defendant 6 is the brother of defendant 1, and defendant 7 is the son of defendant 6. The claim was resisted by defendants 6 and 7 mostly on the ground that there was a division in the family 18 years before the suit, and that the properties in Schedule 2 and some other plaint mentioned properties belonged to defendant 6 solely as his self acquisition. Both the lower Courts concurrently found against the case of defendant 6. They came to the conclusion that the parties constituted a joint family on the date of the institution of the suit. It was also found that the properties comprised in Schedule 2 were also joint family properties. They mainly consisted of outstandings which were advanced either out of the income from family lands or out of the family trade which was carried on by defendant 6. It was further found that defendant 6 was living separately from defendant 1s branch. But the trade was carried on by defen







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