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1960 Supreme(Mad) 126

BALAKRISHNA AYYAR, JAGADISAN
N. S. K. R. Karuppan Chettiar – Appellant
Versus
AR. VR. S. Somasundaram Chettiar – Respondent


Advocates:
K.S. Ramamurthi and K. Sarvabhuman, for Appellants.
R. Ramamurti Ayyar, A. Venkatarama Ayyar and T. Ramalingam, for Respondents.

Jagadisan, J.-

This is an appeal against the Judgment and Decree in O.S. No.6 of 1955 on the file of the Sub-Court of Pudukottai, granting a decree in favour of the plaintiffs for recovery of the sum of Rs. 8,566-7-9 with interest and costs. Defendants I and 2 are the appellants.

Plaintiffs 1 and 2 are the sons of one Sinnakaruppan Chettiar, and the third plaintiff is the grandson of Sinnakaruppan by his son Veerappa. Veerappa died during the lifetime of Sinnakaruppan. They are members of a Hindu undivided family belonging to the Nagarathar Community, and residing at Kilasivalpatti, Ramanathapuram district. Their family vilasam is AR. VR. S. The six defendants in the suit are partners of a firm styled PL. RM. ST. carrying on money-lending business at Dabein in Burma. Sinnakaruppan Chettiar drew a hundi for Rs.5,748-8-0 on the A. VR. RM. firm,Rangoon and sent the hundi to the PL. RM. ST. firm,Dabein with instructions to cash the hundi and credit the proceeds to his Kilasivalpatti AR. VR. S. account. This was in August, 1925. The amount so deposited was to carry interest at Rangoon Nadappu rate. The Hundi was cashed by the PL. RM.ST. firm and the net proceeds, after deducting cost of



































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