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1987 Supreme(Mad) 441

SIVASUBRAMANIAM
M. Mohamed Kassim – Appellant
Versus
C. Rajaram – Respondent


JUDGMENT

Sivasubramaniam, J.

1. The unsuccessful third defendant in O.S. No. 97 of 1975 on the file of the Subordinate Judge, Nagercoil, is the appellant in A.S. No. 756 of 1979. Defendants 5, 6 and 7 who are the legal representatives of the deceased 2nd defendant in the said suit, are the appellants in A.S. No. 1177 of 1979 and the first defendant in the said suit is the appellant in A.S. No. 82 of 1982.

2. The first respondent in all these appeals is the plaintiff in the said suit and he filed the same in a representative capacity for himself and on behalf of all the creditors of the first defendant for a consideration that the sale deeds executed by the first defendant are void and not binding on the general body of the creditors of the first defendant and also for a decree against him for realisation of Rs. 49,909,25 with interest and for costs of suit. The plaintiff has also prayed for an injunction against the purchasers of the suit properties from the first defendant from effecting any alterations in the suit properties. The material allegations in the plaint filed by the plaintiff are as follows: On 14.4.1974 the first defendant executed a promissory note in favour of the plai






























































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