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1931 Supreme(Mad) 3

CURGENVEN
R. N. Samuvier – Appellant
Versus
R. N. Ramasubbier – Respondent


JUDGMENT

Curgenven, J.

1. The plaintiff, who appeals, brought this suit against his brother for a sum of Rs. 18,800-3-1. The learned Subordinate Judge has narrated in full the circumstances leading up to the claim. To understand how it arose, it is only necessary to explain that there were two firms in which both parties were partners. One of these firms worked under the Vilasam V.S.R.S., and in it one Sankaranarayana Ayyar had a half share while the two brothers had the other half share. It was a money-lending business, and it also ran a chit fund. The other firm was known to the R. S. Firm; it was also engaged in money-lending, and the plaintiff and defendant were the partners. The two firms had dealings each with the other. In 1923 disagreements arose between the brothers, and they decided to dissever their interests. By an agreement Ex. K, dated the 4th June of that year, the plaintiff purported to take over all the defendants interests in the V. S. R. S. Firm, while those of the plaintiff in the R. S. Firm were assigned to the defendant. The latter at the same time accepted liability for a sum of Rs. 13,000 and odd due by the R. S. to the V. S. R. S. Firm. Later, in February in


















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