1971 Supreme(Mad) 580
K.VEERASWAMI, V.V.RAGHAVAN
Modern Housing Construction and Properties Limited, by Director – Appellant
Versus
The Alagappa Textiles (Cochin) Lid. – Respondent
Advocates:
Ramamurthi Ayyar and Soundararajan, for Appellants.
M. S. Venkatarama Ayyar and A. Balasubramania Ayyar, for Respondent.
Veeraswami, C.J. — The plaintiff is the appellant. The suit is to recover Rs. 90,750 with interest and, in default of payment, for the sale of the properties described in the plaint schedule, and, if the sale proceeds are not sufficient, for a personal decree against defendants 1 and 2 for the balance of the amount due. The first defendant and the second defendant are the wife and daughter of late Dr. R. M. Alagappa Chettiar and the third defendant is a company incorporated in the Kerala State. The case of the plaintiff is that in the course of the business of the plaintiff, and at the order and account of Dr. Alagappa Chettiar, the plaintiff constructed inter alia, the buildings namely (1) Guest House in Gangadhareswarar Koil Street, Purasawalkam, Madras and (2) a group of buildings known as ‘ ‘Alagappa Nagar buildings" in Alagappa Nagar, Madras. These constructions were completed in 1948 and, in respect of the former constructions, Dr. Alagappa Chettiar owed the plaintiffs a sum of Rs. 72,899 14-3 and in respect of the latter, a sum of Rs. 81,519-5-7. The total amount comes to Rs. 1,54,419-3-10. The plaintiffs further case is that Dr. Alagappa Chettiar was the promoter of the thi
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