BABU ALIAS GOVINDOSS KRISHNADOSS Vs. OFFICIAL ASSIGNEE, MADRAS

JUDGEMENT

(1.) These are six consolidated appeals from six decrees all dated 1 April 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. Babu alias Govindoss Krishnadoss, who is appellant in all the appeals, was plaintiff in the principal suit (C. S. No. G22 of 1923), which was filed through his next friend Laldoss, his uncle, on account of his then minority, on 30 August, 1923, and is the subject of the leading appeal. The appellant's father, Krishnadoss, died on 13 August 1908, and the main question is whether his father's interest in the business carried on under the name of Muralidoss Ramdoss and 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?

(2.) The trial Court held that the firm at the time of the death of the appellant's father was an ordinary partnership and that the debts subsequently contracted by the firm did not affect his interest in the firm. On appeal the High Court held that the firm was a joint Hindu family firm; they further held that, even if it was a partnership firm, the interest of the appellant's father in the firm was liable for the debts subsequently contracted. The following pedigree shows the relationship of the appellant in the family in question and the parties to the principal suit, so far as they are members of the family:

(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 two- Murali and Govardan-were 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 Balamukund and Bhagwan had become major, while Subbaraya was still minor. In 1890, as the result of a demand by Balamukun and Bhagwan and their mother, Kamalabai Amma, as guardian of Subbaraya, and submissions by the parties, a panchayat award dated 27 September 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.