GANESHA ROW Vs. TULJARAM ROW

JUDGEMENT

(1.) THIS is an appeal from a judgment and decree of the High Court of Madras, dated the 28th of September 1909, which, affirming a decree made in the exercise of its Original Civil jurisdiction on the 2nd of September 1908, dismissed the plaintiff's suit.

(2.) THE facts which have given rise to the present action relate back to the year 1886. The defendants Tuljaram and Rajaram are two brothers, being the sons of one Venkata Row, who died in 1871. Tuljaram and Rajaram, with two other sons of Venkata Row named respectively Rama Chandra Row, since deceased, and Luchmana Row, formed a joint undivided Hindu family. In 1881 there was a dissolution of the joint family and a partial division of the family property. A large proportion of the assets was, however, left undivided in the hands and under the control of Tuljaram, the first defendant, who seems to have been the managing member of the family in respect at least of the business or businesses in Madras.

(3.) ON the 14th of January 1892 a preliminary decree, was made declaring the rights of the parties and directing accounts against Tuljaram.