RAVICHANDRAN Vs. SUBBARAMA IYER

JUDGEMENT

(1.) :

(2.) THIS appeal has been preferred against the judgment and rendered in O.S.No.69 of 1977. The plaintiffs are the appellants herein. The suit partition and separate possession of 3/4th shares in all the A and B schedule properties future profits and for costs of the suit.

(3.) THE plaintiffs and the first defendant are members of the joint Hindu family and the properties are joint family properties Owned and enjoyed by them all. THErefore, plaintiffs are entitled to 3/4th shares and the first defendant is entitled to l/4th share. time of partition deeds dated 12.7.1965 and 10.10.1965 there were absolutely no debts, and there are also no debts payable thereafter. From the lands and coconut the annual income of Rs.10,000 was received. From the family business of the manufacturing and sale, there was a minimum income of Rs.6,000 to 7,000 per annum first defendant was in overall management of the entire suit properties ever since the partition dated 10.10.1965. While as, the first defendant started a new javuli shop under name of Ramavilas Cloth Emporium at Big Street, Kumbakonam in 1967 and thereafter was shifted to Big Bazaar Street, Kumbakonam under the name and style of Durgambiga Textiles. This business is not a kulachara trade nor the ancestral family trade. THE defendant had no skill or special experience in this line of business. At that time, he had association of one Nagaraja Pillai who abused and misused the confidence reposed upon by the first defendant and he led the first defendant in evil ways. THE said Nagaraja had also association with the second defendant who is a money-lender. THE fifth defendant is the sister's son of the second defendant. Nagaraja Pillai, second defendant, fifth defendant and the first defendant became close associates gradually.