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1926 Supreme(Mad) 603

K.SASTRI
A. L. P. R. Periakaruppan Chetti – Appellant
Versus
R. M. A. R. Arunachalam Chetti And – Respondent


JUDGMENT

Kumaraswami Sastri, J.

1. The plaintiff is the appellant. The 2nd defendant is the adopted son of the plaintiff and the 1st defendant is an attaching creditor who obtained a decree against the 2nd defendant and attached the. 2nd defendants interest in the house and ground now in dispute, alleging that the property is the joint family property of the plaintiff and the 2nd defendant and that the 2nd defendant? is entitled to a, half share therein. The plaintiffs case is that the property is his self-acquisition and that the 2nd defendant has no interest. He filed a claim which was disallowed and hence the suit out of which this appeal arises.

2. The plaintiff adopted the 2nd defendant in the year 1914, when he was about 10 years old. The finding of the Subordinate Judge which is amply supported by the evidence is that the only property which the plaintiff and his brothers got from their father was a thatched house and that all the other properties to which the plaintiff is now entitled are his self-acquisitions. As his finding is not disputed by the respondents except to the extent that the house now attached though built out of self-acquisition has become joint family property




















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