V E A ANNAMALAI CHETTIAR Vs. S V V S VEERAPPA CHETTIAR

JUDGEMENT

(1.) This is an appeal from the decree of the High Court of Judicature at Madras confirming the decree passed by the Court of the Subordinate Judge of Devakottai allowing the plaintiffs' claim.

(2.) The plaintiff 1, the sister's son and the plaintiff 2, the step-brother of one Shanmugham filed the suit out of which this appeal arises against the defendants, the members of the junior branch of a family which in 1888 and until 1908 was a joint and undivided Hindu family and of which one Ramanatha was the karta and the managing member, for the recovery of the defendants' half share in the moneys deposited by the father of Shanmugham on 15-8-1888 with the joint family.

(3.) The defendants denied the plaintiffs' claim. They contended that no moneys were deposited by Veerappa Chettiar with the joint family as alleged, that the cadjan voucher evidencing the deposit was inadmissible in evidence for want of stamp and that the plaintiffs' suit was barred by the Law of Limitation.