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1975 Supreme(Mad) 245

N.S.RAMASWAMI
O. M. Meyyappa Chattier – Appellant
Versus
Kannappa Chattier – Respondent


Advocates:
R. Parasaran, P. Narasimhan and N. Sivamani, for Appellant; K. Gopalachari, for Respondents.

Judgement

JUDGMENT :- The two C. M. As, arise out of an execution petition. Angupillai alias Kalyani Achi, who was insane, acting through her husband, obtained a money decree for a sum of Rupees 18,000/- on a deposit letter. Somasundaram Chettier, the first defendant in O. S. No. 1 of 1959 on the file of the court of Subordinate Judge, Sivaganga was the Judgment-debtor under that decree. The said Angupillai alias Kalyani Achi, the decree-holder died. The husband, has since obtained succession certificate in respect of the decree amount. After obtaining such succession certificate, he assigned the decree in favour of kannappa Chettiar alias Chidambaram Chettiar. In the meanwhile, the judgment-debtor, namely, Somasundaram Chettiar, also died. Therefore the assignee-decree-holder filed the execution petition for recognising him as such and also recording the two sons of the first defendant (who were defendants Nos. 2 and 3 respectively in the suit) as the legal representatives of the judgment-debtor who was dead. One of the sons of the judgment-debtor, namely, Meyyappa Chettiar alias Kalayappa Chettiar (second defendant) (in the suit) resisted the execution raising various objections.







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