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1924 Supreme(Mad) 82

JACKSON, RAMESAM
Jagannatha Rao – Appellant
Versus
Viswesam – Respondent


JUDGMENT

Ramesam, J.

1. Suit by the plaintiff to recover (1) a sum of Rs. 2,500 deposited with first defendant on 6th July 1917 and (2) a sum of Rs. 350 payable to plaintiff for money paid for the first defendant. The defendants 2 to 5 are the sons of first defendant who formed with him members of a joint family up to 1918. In that year a suit was filed by the present second defendant against his father and brothers for partition. No written statement was filed and the suit was compromised and a decree was passed in terms of the compromise on 23rd January 1920. Under the compromise, provision was made for paying off most of the debts contracted by the first defendant but not the suit debt. No specific properties were allotted to the first defendant and it was arranged that a maintenance of Rs. 30 should be paid to him every month. The present suit was filed on 6th July 1920 and the defendants 2 to 5 are sought to be made liable with reference to the shares in their hands of what had been prior to 1920 joint family property. The defendants denied the genuineness of the debts. The District Judge found that the debts were true. He had doubts about the bona fides of the partition, but on































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