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1984 Supreme(Mad) 160

RATNAM
Lakshminarayan Reddiar – Appellant
Versus
T. K. S. Balarama Chettiar – Respondent


Advocates:
R. S. Venkatachari, for Petitioner, K. Sampath, for Respondent.

Judgement

ORDER :- These civil revision petitions have been preferred by the defendant in O. S. Nos. 2627 and 2626 of 1981 respectively, District Munsif's court, Vriddhachalam. Those suits were instituted by the respondent herein for the recovery of certain amounts from the petitioner on the basis of promissory notes dt.24-3-1971, 19-9-1974 and 24-11-1974. The promissory notes dated 24-3-1971 formed the subject matter of O. S.2627 of 1981 while O. S. 2626 of 1981 related to the other two promissory notes dt.,19-9-1974, and 24-11-1974. In so far as the

promissory note dt. 24-3-1971 is concerned, the respondent earlier filed O. S.1910 of 1978 for the recovery of one half of the principal amount as well as one half of the interest in accordance with the provisions of T.N. Act 40 of 1978. In the course of that suit, the respondent stated that as the petitioner was entitled to the benefits of Tamil Nadu Ordinance V of 1978 and also T.N. Act 17 of 1976 and there was a statutory discharge of and interdict against the recovery of anything more than one half of the principal and one half of the interest, the balance alone statutorily due was claimed. That claim was also further stated to be i



















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