OBILISETTI VENKATA KRISTNAIAH Vs. ATYAM SUBBIAH

JUDGEMENT

(1.) I agree. with the judgment to be delivered by my learned brother and have nothing to add. Ramesam, J.

(2.) The plaintiff sues as the assignee of one, Nunna Venkataratnam. His case is that the defendant's family had, during the life-time of their father Jagannadham, two Khatas with the said Venkataratnam (1) in which Venkataratnam acted as a commission agent for the family and (2) the suit transaction in which Venkataratnam and the defendant's family were partners in paddy trade. In Venkataratnam's accounts, the first khata stood in the name of their father and manager and the second, in the natriev of the 2nd defendant. The 1 defendant contested the suit on the ground that the 2nd khata did not relate to a family transaction ; but the Subordinate Judge decreed in Plaintiff's favour. The 1 defendant appeals.

(3.) The only point argued for the appellant is that the 1 defendant cannot be made liable in this suit, as there was no privity of contract between him and Venkataratnam even though the debt was a family debt and the 1 defendant may. be liable to his brothers in a suit for contribution.