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1929 Supreme(Mad) 11

RAMESAM
Soundararaja Aiyangar – Appellant
Versus
Rukmani Ammal – Respondent


JUDGMENT

Ramesam, J.

1. This appeal arises out of a suit for a declaration and for some-incidental reliefs. The facts of the case may be shortly stated. Plaintiff 1 had two brothers, Rangaswami Ayyangar and Varahaswami Iyyangar. Varahaswami Iyyangar died in January 1890 but before his death he adopted plaintiff 1s second son, Krishnaswamy Iyyangar. Plaintiff 1s two other sons are now plaintiffs 2 and 3. The whole family constituted a joint family and continued joint until 1915. It is admitted that plaintiff 1s brother Rangaswami Iyyangar was living an extravagant life which ended in large indebtedness and suits and decrees against him. The rest of the family found this situation inconvenient. By this time Krishnaswamy Iyyangar has taken a law degree and became a High Court Vakil and had settled for practice at Negapatam. He found that the only way of saving the family was by a suit for partition and getting rid of Rangaswami: Iyyangar. Krishnaswami Iyyangar addressed a letter, Ex. Z to his uncle in-which he informed him that the plaint was ready, and a suit would have to be filed unless the addressee agreed to some-reasonable course which will be acceptable to the other members of th









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