VYRATHAMMAL Vs. SOMASUNDARAM PILLAI

JUDGEMENT

(1.) This second appeal is preferred against the decree and judgment of the learned Subordinate Judge of Tirunelveli in A. S. No. 52 of 1956, confirming the decree and judgment of the learned District Munsif of Tuticorin in O. S. No. 112 of 1953.

(2.) The undivided father of the defendants 1 and 2, T. S. S. Subramania Pillai, and one A. R. Chidambaram Pillai of Kulasekharapatnam were carrying on a partnership business styled as "Sivaprakasam Press" at Tuticorin. Under a registered document dated 18-9-1916 the plaintiff's father purchased 2/6th share of the said Chidambaram Pillai in the said business out of the joint family funds of the family consisting of himself and his sons, viz., the brothers of the plaintiff. That transfer was recognised by the other partner, the father of defendants 1 and 2. The plaintiff's father thus became a partner in the firm for and on behalf of his family as and from 18-9-1916. The amount to his credit as transferee partner had been duly credited in the accounts of the firm. Owing to certain domestic reasons in 1924 the plaintiff's father effaced himself from the partnership and the plaintiff's mother, with the rather significant name of Bagampiriyal Ammal, got substituted in his place. But as a matter of fact, the father and sons seem to have been carrying on the business with the mother signing formally the important documents.

(3.) After the death of the plaintiff's father in January 1942, the plaintiff's brother appear to have divided the lands of the father which were in the name of the mother and they also appear to have taken over this business, Sivaprakasam Press. While the business of the firm was being continued by defendants and the plaintiff's brothers, one Kalikavalaperumal Pillai, who was locally managing the business of the firm for over 40 years appears to have been taken in with the consent of the other partners as a working partner, having an one-fourth share in the business of that firm. This working partner was to get a share of the profits but not to participate in the losses. It was in this matter that the business was going on till the plaintiff's mother fell ill in about December 1949.