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1960 Supreme(Mad) 391

JAGADISAN, P.S.KAILASAM
A. Rangaswamy – Appellant
Versus
K. Govindaswamy Naidu – Respondent


Advocates:
S. Mohankumaramangalam, V. Ramaswami and R. Rajagopalan, for Appellant.
N. R. Raghavachari, for Respondents.

Jagadisan, J.-

On 25th December, 1950, one Venkataswami Naicker, a resident of Adikarapalayam, Tiruchengode taluk, Salem district, borrowed a sum of Rs. 9,000 from A. V. Srinivasalu Naidu, a resident of Appanayakkanpatti, Palladam taluk, Coimbatore district and executed an instrument styled as a promissory note with a stipulation to pay interest at 6½ per cent per annum. On the same day Srinivasalu Naidu, in whose favour the aforesaid instrument was executed endorsed the instrument in favour of his brother-in-law Rangaswami Naidu for valid consideration. Venkataswami Naicker died in or about November, 1954. He left behind as his heir his brother, Govindaswamy Naidu. Venkataswamy Naicker is also supposed to have executed a testament bequeathing some of his properties to one Govindarajulu Naidu. Rangaswami, the endorsee referred to above, filed the suit O. S. No. 182 of 1955 on the file of the Court of the Subordinate Judge of Coimbatore seeking to recover the principal sum of Rs. 9,000 advanced by Srinivasalu Naidu to the late Venkataswamy Naicker together with future interest from Govindaswamy Naidu, brother of the late Venkataswami, impleaded as the first defendant in the action, a













































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