JOOPOODY SARAYYA Vs. PULAVARTI LAKSHMANASWAMY

JUDGEMENT

(1.) This is an appeal against a decree of the High Court of Judicature at Madras, dated the 10th December 1908, which reversed a judgment of the Subordinate Judge of Rajahmundry, dated the 16th September 1905. The suit as brought included a claim for partition of certain family property. That part of the suit has been settled. What remains constitutes the subject of the present appeal. The assertion is that the plaintiff s family has a half share, along with the defendant (the present respondent), in a partnership business carried on in Akuvidu. The High Court has held that this claim is barred by limitation and has dismissed the suit.

(2.) It is unnecessary to refer to various other pleas in the case, including those founded on an alleged misjoinder of causes of action, because, in the opinion of their Lordships, the conclusion reached by the High Court on the plea of limitation was clearly correct.

(3.) In or about the year 1868 a partnership business was started in Kottapally. At a later date a business was started at Akuvidu. This latter was throughout under the management of one Venkanna, the adoptive father of the respondent. The position of Venkanna (who was the second defendant in the suit) was this: He maintained that in both businesses he had a half share; that in, or shortly before, the year 1891, an arrangement was made under which the joint family represented by the appellants made a partition of their family property; and it cannot be denied that, with regard to the Kottapally business, this partition became an accomplished fact. Venkanna, however, further maintained that there were cross-claims; that he was entitled to a certain share of the assets of the Kottapally business ; that, on the other hand, the joint family was entitled to certain share in the Akuvidu business; that these claims were set against each other, and that from 1891 the joint family has had no share in the Akuvidu business.