GOVINDOSS KRISHNADOSS Vs. OFFICIAL ASSIGNEE OF MADRAS

JUDGEMENT

(1.) 1. These are six consolidated appeals from six decrees all dated April 1, 1931, made by the High Court of Judicature at Madras in its civil appellate jurisdiction, which reversed six decrees of different dates made by the same Court in its ordinary original civil jurisdiction. As will be seen later, a decision in the leading appeal (No. 101 of 1932) will, in effect, apply equally in the remaining appeals.

(2.) BABU alias Govindoss Krishnadoss, who is appellant in all the appeals, was plaintiff in the principal suit (C. Section No. 622 of 1923), which was filed through his next friend Laldoss, his uncle, on account of his then minority, on August 30, 1923, and is the subject of the leading appeal. The appellant's father, Krishnadoss, died on August 13, 1908, and the main question is whether his father's interest in the business carried on under the name of Muralidoss Ramdoss & Co., was that of a partner or of a member of an undivided Hindu family. If the latter be the correct view, the appeals admittedly fail; if the business was a partnership, a question arises whether the interest of the appellant's father is affected by debts, secured and unsecured, contracted by the firm some years after the date of his father's death, and, if so, to what extent?

(3.) THE following facts may be taken as beyond controversy in the appeal. THE appellant's ancestor, Ramdoss Ghanshamdoss, came to Madras and carried on a business in cloth, money-lending and yarn, and acquired landed properties, houses and gold and silver. He died in 1879, leaving five sons, of whom twoMurali and Govardanwere then major. THEse two sons carried on the business as the managers of a joint Hindu family business until 1890, by which time their younger brothers Balmukun and Bhagwan had become major, while Subbaraya was still minor. In 1890, as the result of a demand by Balmukun and Bhagwan and their mother, Kamalabai Amma, as guardian of Subbaraya, and submissions by the parties, a panchayat award, dated September 27, 1890, was made, under which admittedly a partition was effected of the shares of the three younger brothers, and the family business was allotted to the shares of the two elder brothers, Murali and Govardan, the younger brothers ceasing to have any interest therein.