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1961 Supreme(Mad) 30

VEERASWAMI
M. Thirumalachariar – Appellant
Versus
S. P. Varadappa Chettiar – Respondent


Advocates:
K.S. Champakesa Ayyangar and K. C. Srinivasan, for Appellant.
T.V. Balakrishnan, N. Vanchinathan and A. Seshan, for Respondent.

Judgment.

This is a defendant’s Second Appeal arising out of a suit for recovery of a sum of Rs. 600 alleged to be due from him to the Commercial Funds, Ltd., Kancheepuram. The defendant was a subscriber to a chit conducted by the Funds. He took in auction a chit for Rs. 5,000 payable in 100 monthly instalments of Rs. 50 each . The first instalment was due on March 14, 1947, and the last was payable on May 14, 1951. Admittedly, the defendant paid all the instalments due up to September 14, 1949; but he failed to pay the subsequent instalments. The Funds were directed by this Court in O.P. No. 309 of 1949 to be wound up. The Official Receiver who was appointed as the Official Liquidator for realizing the outstandings of the Funds, sold the outstandings due to the Funds, to the plaintiff, the respondent in the present Second Appeal, by means of a sale deed dated May 17, 1954. The plaintiff, as such assignee, claimed to be entitled to realize the amount claimed in the suit. According to him, although he was entitled to a larger amount, he confined his claim to the sum of Rs. 600 being the instalments payable for the period from 14th December 1950 to 14th May, 1951. The suit was actuall










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