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1999 Supreme(Mad) 98

K.SAMPATH
VISALAKSHI ACHI – Appellant
Versus
RM. SEENIVASAN – Respondent


For the Appearing Parties:Maninarayanan, R.Subramaniam, T.V. Siva Kumar, Advocates.

Judgment :

K. SAMPATH, J.

( 1 ) THE plaintiff was the sole appellant. Pending second appeal she died and her legal representatives have come on record as appellants 2 and 3. She filed suit o. S. Mo. 274/83 before the District Munsifs court, Devakottai, for recovery of Rs. 7102. 51 due from the respondents on the following averments : the first respondents father one Ramanathan chettiar and his brother were doing banking business in Penang with headquarters at Karaikudi. The first appellant had deposited various amounts with the first respondents father commencing from 17. 10. 1959 and on the date of the filing of the suit, it had augmented to 3977. 41 Malaysian Bollars. The said ramanathan Chettiar had forwarded a deposit letter dated 18. 10. 1959 with an agreement to pay higher interest than what was payable at Penang. Ramanathan Chettiar died in or about August, 1982 and his legal representatives, the present respondents, were liable to answer the suit claim, in that they had succeeded to the estate of Ramanathan Chettiar.

( 2 ) THE first respondent filed a written statement alleging that he had no knowledge about the deposit having been made by the appellant with Ramanathan Chet



















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