RAJAGOPALA PILLAI Vs. PVEERAPERUMAL PILLAI

JUDGEMENT

(1.) In this suit a very large amount is involved but otherwise this is a typical case. In form the suit is for partition of family property but in truth it is an attepmt by a son with the aid of his father to recover for his family the properties alienated by the latter. The following pedigree explains the relationship of the parties:

(2.) The plaintiff Rajagopala Pillai is a minor who sues by his next friend. Defendant 1, his father, became an insolvent and his estate is now represented by defendant 5, the Official Assignee of Madras. No relief is sought against defendant 2, who has not appeared to defend the suit and the really contesting defendants are the third and the fourth. Defendant 3 holds a mortgage for Rs. 2,50,000 and defendant 4 for about Rs. 1,24,000, These two mortgages were executed by defendant 1 and the primary object of the suit is to get rid of them.

(3.) On the 30 March 1915, there was a partition among the members of the plaintiff's family who at that time were (1) P. M. Appasami Pillai, (2) Veeraperumal Pillai (defendant 1), (3) Sethuram Pillai and (4) the plaintiff, the son of Veeraperumal Pillai. By the partition Sethuram Pillai and Nagathammal the sister of Appasami Pillai were given certain properties; some were allotted to P. M. Appasami Pillai and some to defendant 1 as representing himself and his son. Shortly after the partition, on the 11 August 1915, Appasami Pillai made a will in effect bequeathing his properties to defendant 1. On the 19 October 1920, he made a codicil which, however, did not substantially alter the will. Appasami Pillai died on the 4th October 1921. As I have said the mortgage in favour of defendant 3 was executed on the 10 April 1923, and that in favour of the defendant 4 on the 31 May 1924. It is the same set of properties that were comprised in both the mortgages. Four properties were mortgaged, one of them being a property that fell to the share of defendant 1 at the partition and the other three being those that were allotted to Appasami but were bequeathed by him to defendant 1.