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1956 Supreme(Mad) 365

RAMASWAMI GOUNDER
A. K. Subramania Chettiar – Appellant
Versus
A. Ponnuswami Chettiar – Respondent


Advocates:
M. S. Venkatarama Ayyar for Appellant.
M. R. Narayanaswami for Respondent.

Judgment

This appeal is preferred against the order of the learned Subordinate Judge of Coimbatore in E.P.R. No. 255 of 1954 in O.P. No. 162 of 1949.

This Case brings forcibly to mind the dictum of their Lordships of the Privy Council in Court of Wards v. Maharajah Coomar Ramapat1, that the woes of an Indian litigant begin only after he has obtained a decree.

The appellant before us, judgment-debtor, Subramania Chettiar is the owner of 300 acres of land of which 30 to 40 acres are nanja lands and the annual rent is about Rs. 10,000 to Rs. 15,000 even according to himself. He admits that he also owns and goes about in a motor car. The decree-holder states that this judgment-debtor has got properties worth six to seven lakhs and gets an annual income of Rs. 40,000 and also owns a motor car. R.W. 2 admittedly a relation of the judgment-debtor has admitted that the judgment-debtor owns lands worth six to seven lakhs of rupees and that he has got also a house. It may be that the judgment-debtor is unduly depreciating his worth and the decree-holder is unduly exaggerating his worth. But there is sufficient evidence, however, to show that this judgment-debtor is a very well-to-do man indeed.






















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