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1970 Supreme(Mad) 243

ISMAIL
Varadammal – Appellant
Versus
Ambalal J. Vyas – Respondent


Advocates:
S.P. Srinivasan, for Appellants; S. Jagadeesan, for Respondents.

Judgement

JUDGMENT :- The defendants 1 and 2 in O. S. 135 of 1961 on the file of the court of the Subordinate Judge, Salem, are the appellants before this court, and they are mother and son. The third defendant in the suit is the husband of the first defendant and father of the second defendant. He was carrying on business on behalf of the family consisting of himself and his minor son and in the course of the business, he had incurred considerable debts. I. P. 22 of 1955 was filed by one of his creditors on 29-3-1955, before the Sub. Court. Salem, for adjudging the third defendant as insolvent. Similarly, I. P. 27 of 1955 was filed before the same court on 22-4-1955, by another creditor for adjudging the third defendant as insolvent. In order to avert an adjudication in the said insolvency proceedings, the third defendant compromised with his creditors and executed Ex. A-19 on 24-9-1956, being a composition trust deed in favour of all his creditors constituting the plaintiffs in the suit, who are respondents 1 to 3 herein and defendants 4 and 5, who are respondents 5 and 6 herein, as the trustees authorising them to sell the suit properties and discharge the debts. In view of the e

















































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