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1925 Supreme(Mad) 38

PHILLIPS
Pachaiyappa Chetti – Appellant
Versus
Sivakami Ammal – Respondent


JUDGMENT

Phillips, J.

1. The plaintiff in this case is the daughter of one Ponnambala Chetti, who, with his brother, Periyambala Chetti, formed an undivided family. They carried on money-lending dealings and entrusted those dealings to their brother-in-law, Sadayappa Chetti, the father of the present defendant. Sadayappa Chetti continued those dealings for some time and maintained accounts for the moneys in his hands. In 1906 the brothers, Ponnambala Chetty and Periyambala Chetty, effected a partition and the latter removed his share of the property from the hands of Sadayappa Chetty who, however, continued to deal with the property of Ponnambala Chetty until the latters death in February, 1912, and even after that date remained in possession of all his property. The plaintiff now alleges that Sadayappa Chetty held all these properties in trust for her and has brought this suit against his son, the defendant, for an account. These facts are not disputed, but it is contended that the plaintiffs suit for an account is barred by limitation. The Subordinate Judge has, however, found that Section 10 of the Limitation Act is applicable to this case, and has given a decree. In appeal we are









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