MINOR DORAIRAJ Vs. K. KR. KARUPPIAH AMBALAM

JUDGEMENT

(1.) THIS appeal has been filed by the plaintiff in O. S. No. 16 of 1957 on the file of the Subordinate Judge's Court Devakottai, against the judgment and decree dismissing his suit. The suit is for taking accounts of a dissolved partnership and is directed against the first defendant Karuppiah Ambalam. The suit has been dismissed on two preliminary grounds - -(1) that in part it involved the determination of title to immoveable property situate in Malaya a foreign territory; and (2) limitation.

(2.) THE following genealogical tree will show the relationship of the parties - -

(3.) TAKING the shares of the shop as four, when the accounts are finally settled as stated in Clause (3), the 11/2 share belonging to die family of the 2nd defendant (Periannan alias Muthukannan) shall be divided, by the plaintiff (present defendants 4 and 5) taking one share and the 2nd defendant (their father Periannan) taking a half share. 11/2 share out of four will be taken by the 1st defendant (Ayyachami, father of the present plaintiff). The 3rd defendant (1st defendant in O. S. No. 16 of 1957) will take one share. (Stated simply, it will be seen that this recognised that the shares of Ayyachami and Periannan were together three as against the one share of Karuppiah Ambalam, the present 1st defendant and there is a division inter se between Periannan and his two sons, the two sons being the minor plaintiffs in that suit.