SUBBU NAIDU Vs. VARADARAJULU NAIDU

JUDGEMENT

(1.) This is an appeal brought by defendants 1, 4 and 5 from a preliminary decree for partition and accounts passed by the District Court of North Arcot. The suit was originally brought by the first respondent in the Court of the District Munsiff at Arni but as the value of the properties involved was found to be beyond the pecuniary jurisdiction of that Court the plaint was returned to be presented to the proper Court and was later filed in the Court of the Subordinate Judge at Vellore from where it was transferred to the District Court.

(2.) The relationship of the parties to one another will appear from the following genealogical table:

(3.) The family originally lived in a village called Vallam, North Arcot District, but migrated more than sixty years ago to the village of Oorkudi in the same district during the lifetime of Pasam Lingappa Naidu, the common ancestor who died in the nineties of the last century. It is common ground, that the family then owned lands and houses both at Vallam and at Oorkudi, and it is also in evidence that Lingappa Naidu was doing some money lending on a small scale and acquired some properties. Under the management of the first defendant after Lingappa's death, the money lending business was expanded and other properties at Oorkudi and elsewhere were purchased. But all was not well with the family as the youngest brother, the third defendant, fell into evil ways, incurred considerable debts by reckless living and was eventually adjudicated insolvent on his own petition. The plaintiff's father left the village on account of some misunderstandings and sought employment in Mysore State where he died in 1931 or 1932. In 1926 the plaintiff was married and there was separation in mess between the members who till then were living together. These facts were not disputed before us.