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1969 Supreme(Mad) 295

SADASIVAM, K.N.MUDALIYAR
Muniswamy Reddiar – Appellant
Versus
S. Ramamurti – Respondent


Advocates:
D. Ramaswami Iyengar and R. Krishnamachari, for Appellants; V. V. Raghavan and P. Bhaskaran, for Respondents.

Judgement

SADASIVAM, J. :- Appeal by defendants 2 to 4 in the mortgage suit, O. S. 51 of 1957 on the file of the Sub-Court, Vellore, against the final decree passed against them. The suit mortgage was executed by the first defendant, Ramachandra Reddiar, the father of the appellants, on 16-10-1948, for Rs. 30,000 in favour of Abdul Hadi and Azeesullah Basha Saheb, in discharge of two prior promissory notes executed by him for Rs. 10,000 and Rs. 5,000 on 17-8-1946 and 9-10-1946, and a sum of Rs. 15,000 alleged to have been reserved with the mortgagees, which was not actually received by him. Ramachandra Reddiar was adjudged insolvent in I.P. 13 of 1947, Sub-Court, Vellore in January 1947. The Official Receiver filed I.A. 12 of 1951 on 8-1-1951 under Sections 53 and 54 of the Provincial Insolvency Act, and the Subordinate Judge set aside the transaction under Section 53 of the Provincial Insolvency Act. But on appeal by the mortgagees, the District Judge in C.M.A. 38 of 1955 on the file of the District Court, Vellore, set aside the order of the Subordinate Judge. But this court in C.R.P. 1211 of 1957 set aside the order of the District Judge and restored the order of the Subordinate J


















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