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1973 Supreme(Mad) 498

RAMAPRASADA RAO, NATARAJAN
E. M. E. Shanmugham Chettiar – Appellant
Versus
R. M. A. N. Annamalai Chettiar – Respondent


Advocates:
Kesava Iyengar, for Appellants.

Judgement

RAMAPRASADA RAO, J. :- The defendants are the appellants. Plaintiffs and the defendants belong to Nattukottai Chettiar community. The 2nd and the 3rd defendants are the sons of the 1st defendant. On 7-2-1940, the plaintiff's adoptive father K.S.A.K. Raman Chettiar deposited under Ex. A-1, at Koolim in Malayasia S. 2397-53 with the 1st defendant who was then trading under the name and style of Y. M. Y. Firm as a money-lender, and on such deposits the 1st defendant executed Ex. A-1 acknowledging the deposit and contracting to pay tharanai interest, with three months rest. After the adoptive father's death, on 1-9-1948, the plaintiff wrote Ex. A-5 addressed to the 1st defendant putting on notice of his adoption to Raman Chettiar and his status and right to demand the deposit as above and also apprising the 1st defendant of a legal proceeding between him and his father when he was alive in O. S. 9 of 1942 on the file of the Chief Court, Pudukottai, wherein his, right to be paid under Ex. A-1 was agreed to between himself and his father. Under Ex. A-2, the decree passed by the Chief Court, Pudukottai in O. S. 9 of 1942, the plaintiff became entitled to the amount which was in d




















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