V S V SUBBARAYA MUDALI Vs. THANGAVELU MUDALI

JUDGEMENT

(1.) This is an appeal against the preliminary decree of the District Judge of Chingleput in Original Suit No. 18 of 1916 by the plaintiff, who sued the defendants 1 to 5 for partition of the family properties and impleaded certain alienees and creditors as defendants. The 1st defendant was the father of the plaintiff and defendants 2 and 3. 4 defendant is the brother's son of the 1 defendant. 5 defendant is the mother of the plaintiff. Defendants Nos. 6, 31, 32, 33, 34, 35, 37 and 39 are alienees. The rest are creditors.

(2.) The plaint allegations are : the 1 defendant was the manager of the joint family of which plaintiff and defendants Nos. 2 to 4 were members. The properties set out in B schedule are the joint family properties. The plaintiff's family carried on a cloth trade under the name and style of V.S. Varadaraja Mudaly in shop No. 154. The 2nd defendant who was at enmity with the rest of the family carried on a separate trade in another shop under a different Vilasam. He contracted debts and purchased some properties, and the plaintiff is not liable to pay from his share of the family property the debts contracted by the 2nd defendant, which were not for family purposes and which could not bind the family.

(3.) C. Schedule properties were purchased by the 2nd defendant and the plaintiff did not claim any share in them : but stated that should the Court hold that the 2nd defendant purchased them out of the family funds, the plaintiff would be entitled to his share in them also.