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1938 Supreme(Mad) 115

Chockalingam Chettiar – Appellant
Versus
Muthukaruppan Chettiar – Respondent


JUDGMENT

1. This appeal raises two questions. One is whether the minor members of a trading family can be held liable to the extent of their interests in the family properties for debts incurred in a business carried on by the father in partnership with strangers. The other question is whether a decree passed by consent in a partition suit puts an end to the joint status, notwithstanding that the terms of the decree are never carried into effect and the members of the family continue to live together and regard themselves, as still being joint.

2. The appellant is the son of one Narayanan, a Nattukottai Chettiar, who died in 1927. Narayanan had two wives Unna-mulai and Alamelu. By Unnamulai he had three sons, A.M. A.N. Annamalai Chettiar (the third respondent), A.M.A.N. Natesan alias Chidambaram Chettiar (the fifth respondent), and A.M.A.N. Sambandam Chettiar (the sixth respondent). By Alamelu he had four sons. The eldest, Annamalai, predeceased his father and the youngest Yoganandam was given in adoption. The other two sons are the appellant, and A.M.A.N. Subbayya Chettiar (the seventh respondent). Many years ago Narayanan founded a money-lending business with his brother at Kuala L














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