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1934 Supreme(Mad) 19

JACKSON
S. R. M. A. R. Ramanathan Chettiar – Appellant
Versus
Annamalai Chettiar – Respondent


JUDGMENT

Jackson, J.

1. The plaintiff (appellant) sues the sixteen defendants on the following grounds. The plaintiffs father, a money-lender with branches of his business in Burma and Cochin China died on 24th April 1915 leaving a widow, defendant 5, and their son, the plaintiff, aged 3. The fathers cousins were one Kamaswami Chetti and the present defendant 1. The plaintiffs guardian was his widowed mother, but she let the two cousins manage the estate; and they managed jointly till October 1918, when Ramaswami Chetti died. Then defendant 1 assumed sole management, and became de facto guardian. From the time that they assumed management the cousins acted in fraud of the plaintiffs estate, and in order to promote this fraud defendant 1 appointed sundry agents who colluded with him and participated in his breach of trust. Defendants 6 to 13 were such agents. Defendants 2 and 3 are impleaded as sons of defendant 1; defendant 4 as son of Ramaswami Chetti. The plaintiffs mother is defendant 5, and his cousin is defendant 14, also an agent. These two are said to have had no real authority or part in the transactions; and they are merely added to assist in the determination of the facts.























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