SURA LAKSHMIAH CHETTY Vs. KOTHANDARAMA PILLAI

JUDGEMENT

(1.) This is an appeal from a decree, dated August 15, 1922, of the High Court of Madras, which reversed a decree, dated August 31, 1921, of the same Court made in its Ordinary Original Civil Jurisdiction, which had dismissed the suit.

(2.) The suit in which this appeal has arisen was brought in the High Court of Madras on November 19, 1918, by the plaintiff , a minor, by his next friend, against the Official Assignee of Madras and three moneylenders. One of the moneylenders died, and his legal representative was brought on the record as a defendant. The plaintiff is the respondent in this appeal.

(3.) The plaintiff is the son of V.S. Chockalingam Pillai, a Hindu of the Villain caste, by his wife, Lakshmi Animal, who died before the suit was brought. The plaintiff is the sole heir of his late mother, and he claims the property to which the suit relates as her heir. On September 30, 1918, the plaintiff's father, Chocloilingam, was adjudged insolvent by the High Court of Madras under the Presidency-Towns Insolvency Act, 1909, Act III of 1009. The plaintiff claims in his suit, with other reliefs, a declaration that a piece of land with a dwelling-house and buildings thereon, being Nos. 4 and 5, Nainiappa Naick Street, are his exclusive property as the heir of his mother, and that his father, Chockalingam, had no beneficial or other interest in those properties, which could have vested in the Official Assignee or have been assigned by him in mortgage. 4 and 5, Nainiappa Naick Street will, in this judgment, be referred to as the property in question.