P SADAYANDI NADAR Vs. VENUGOPALA CHETTY

JUDGEMENT

(1.) This is a petition for transfer of O. S, No. 45 of 1956 of the Sub-court, Oottappalam to the Sub-court, Tuticorin. The petitioners are the defendants 11 to 15 in the suit.

(2.) The suit was for partition of the plaintiff's one-half share as against the defendants 1 to 10 who comprised the other branch of the joint Hindu family of the parties. The plaint merely averred as the reason for the suit that the plaintiff was dissatisfied with the management of his brother's sons, the defendants 1 and 2 of the B schedule immoveables and the C schedule movables belonging to the family and entrusted to them. All the B schedule items except item II, lay within the jurisdiction of the Sub-Courts of Tuticorin and Ramnad and the parties were also residents at Sattur, The suit could accordingly have been laid in either of these Sub Courts but the plaint was filed in the Sub-Court at Ottapalam though properly in view to the situation of the item 11 viz. the West Coast Match Co., at that place. The plaint did not however mention the reason for the choice. It also took in only the defendants 1 to 10.

(3.) The defendants 1, 2 and 3 to 6 filed separate written statements in the case without disclosing much of a contest. They admitted the existence of the joint family as alleged in the plaint but pleaded ignorance as to whether B or C schedule items belonged to the family. The second defendant acknowledged the fact of his management but claimed that it was only as executor under his father's will and further that he had already effected certain alienations in respect of some of the B schedule items. These alienees being the defendants 11 to 17, were on his special motion later impleadcd. It may be added that plaintiff has since applied for impleading four more alienees alleged to have been discovered by him. Sometime after their own impleading it was that the defendants 11 to 15 filed this petition.