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1962 Supreme(Mad) 161

RAMAKRISHNAN, KUNHAMED KUTTI, S.RAMACHANDRA.IYER
Pappu Reddiar – Appellant
Versus
P. SV. RM. Ramanatha Iyer – Respondent


Advocates:
K. S. Desikan and K. Raman, for Appellant.
T. P. Gopalakrishnan, for Respondent.

Ramachandra Iyer, C.J.-

The decision in Shanmugasundara Mudaliar v. Ratnavelu Mudaliar1 cannot be completely reconciled with the principles underlying two later decisions of this Court in Sitaramayya v. Venkanna2 and Periakaruppan Chettiar v. Veerappa Chettiar3.

Post this appeal before a Full Bench.

In pursuance of the above order the appeal came on for hearing before the Full Bench (Ramachandra Iyer, C. J., Ramakrishnan and Kunhamed Kutti,JJ.)

The Judgment of the Court was delivered by

Ramachandra Iyer, C.J.- This appeal arises from the judgment of Ganapatia Pillai, J. and involves the determination of a question relating to award of interest while directing restitution. Muthuswami Reddiar, since deceased, whose estate is now represented by the appellant, had certain monetary dealings with the respondent, in respect of which he filed a suit and obtained a decree in the Sub-Court at Tirunelveli for a sum of Rs.10,643-12-0 towards principal and interest and Rs.1,473-10-0 as and for costs. Against that decree the respondent filed an appeal to this Court, A.S. No. 121 of 1951. Along with the appeal he filed an application for stay of execution of the decree. By order, dated 9th April, 195




















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