C.T. RAMANATHAN CHETTIAR Vs. A.R.L.N.L.N. RAMANATHAN CHETTIAR

JUDGEMENT

(1.) THE plaintiff appeals against the decree of the Court of the Subordinate Judge of Devakottai, dismissing his suit for declaration of his title to a quarter share of a large residential house in Devakottai and for setting aside an adverse order of the Subordinate Judge dated 26th March, 1943, in E.A. No. 510 of 1942. This litigation has had an antecedent history to which a brief reference is necessary in order to appreciate the contentions in this appeal.

(2.) THE parties to the suit belong to the Nattukottai Chettiar community. Ramanathan Chettiar the grandfather of the plaintiff was an affluent person owning considerable property and a money -lending business conducted through agents in several places in South India' and also in Rangoon and Saigon, with the vilasam of " RM. M. ST. " There was a branch of the business at Madras which received deposits, lent out monies and cashed hundies. Ramanathan Chettiar died leaving two sons, Chidambaram Chettiar and Vairavan Chettiar, on whom the entire family properties devolved by survivorship. The banking business was continued by his two sons till 1907 when Chidambaram Chettiar died and thereafter by Vairavan Chettiar himself till his death in 1937. Chidambaram Chettiar left a widow Valliammai. Vairavan Chettiar had an only son, the plaintiff, whom he gave away in adoption to Valliammai in 1924 when he was about 2 years of age. The factum and validity of this adoption are not in dispute. Vairavan Chettiar died on 22nd December, 1937, leaving two widows surviving him. Among,the family properties of RM. M. ST. was a substantial and costly residential building in Devakottai completed in 1925 at a cost of Rs. 3 to 5 lakhs, according to the different estimates given. The RM. M. ST. family consisting of Vairavan Chettiar and the plaintiff, who by reason of his adoption to Chidambaram Chettiar became the nephew of his natural father, Vairavan Chettiar, owned a half share in the building, two other families with the respective vilasams of " L.A.R." and "M.L.M." each owning quarter share.' The plaintiff claims in his own right one -fourth share out of the house which belonged to the RM. M. ST. family and this claim is the subject of the present litigation.

(3.) ON 6th July, 1900, a sum of Rs. 7,000 representing the stridhana money of the defendant's mother was deposited in the banking business of RM. M. ST. Ramanathan Chettiar, the grandfather of the plaintiff, the said sum carrying interestat the Madras nadapu rate. The hundi evidencing this deposit is Ex. D -3. On 13th April, 1923, when Ramanathan Chettiar's son, Vairavan Chettiar was managing the banking business, the deposit in question had swelled with accretions of interest to Rs. 51,185 -1 -0 as shown by Vairavan Chettiar's letter, Ex. D -3 (a) dated 11th September, 1923. This sum was credited in the RM. M. ST. accounts to the defendant, his mother having died leaving him as her heir. On 21st October, 1925 Vairavan Chettiar conveyed some of the Immovable properties of the family under Ex. D -1 for Rs. 32,500 to the defendant in partial discharge of the amount due to him. The balance of the deposit remained unpaid and the defendant sued RM. M. ST. Vairavan Chettiar in C. S. No. 381 of 1929 on the file of this Court and obtained a de.cree originally passed exparte against Vairavan Chettiar, but subsequently set aside on Vairavan Chettiar furnishing security of the half share of the family in the house, the subject of the present dispute, to the extent of Rs. 40,000. The -suit C. S. No. 381 of 1929 was eventually decreed by consent on 29th November, 1932, against Vairavan Chettiar for Rs. 40,000 with subsequent interest at 6 per cent, from 29th Nevember, 1933, till realisation. It was a term of this consent decree that the half share of the house which had been giyen as security by Vairavan Chettiar in connection with his application to set aside the ex parte decree should continue as security for the realisation of the amount decreed by consent as aforesaid.