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1924 Supreme(Mad) 114

KRISHNAN
K. Subbarayudu – Appellant
Versus
K. Subbanna – Respondent


JUDGMENT

Krishnan, J.

1. These are three Second Appeals arising from three suits brought by three plaintiffs on promissory notes executed to them respectively by defendants 2 and 3. The cases being similar in their facts they have been dealt with in one judgment by the lower Courts and it will be convenient to do so in Second Appeal as well.

2. One Viranna died leaving debts due to these plaintiffs among others. The 1st defendant is his minor son and was his undivided coparcener. The property belonging to Viranna is found to have been all joint family property. He nevertheless executed a will before his death and named defendants 2 and 3 as the executors of it; he authorised them to take possession of the properties on behalf of his minor son and manage them and collect out-standings and pay the necessary education and maintenance expenses with his mothers consent and hand over the properties and accounts to the minor on his attaining majority. Defendants 2 and 3 entered upon the management under this will, though it is clear that the document is invalid in law as a will in so far as it purported to deal with the joint family property. Plaintiffs as creditors of Viranna pressed defend


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