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1952 Supreme(Mad) 53

SUBBA RAO
Subrahmanya Ayyar – Appellant
Versus
Govindasami Moopanar – Respondent


Advocates:
G.R. Jagadisan for Appellants.
D. Ramaswami Ayyangar and P.S. Srinivasa Desikan for Respondent.

Judgment.-

This second appeal raises a question in regard to the scope of an enquiry under Order 47, rule 8, Civil Procedure Code. On 8th April, 1929, the first defendant executed a mortgage deed for himself and as guardian of his undivided minor brothers, defendants 2 and 3 in favour of the plaintiffs’ father. The plaintiffs filed O.S. No. 128 of 1945 on the file of the Court of the District Munsif, Valangiman, for recovery of the amount due under the said mortgage. The defendants raised various pleas. They also claimed that the debt was liable to be scaled down under the provisions of the Madras Agriculturists’ Relief Act. The District Munsif gave a decree, but scaled down the mortgage amount under the provisions of the Madras Agriculturists’ Relief Act. The defendants preferred an appeal, and the District Judge by judgment, dated 30th June, 1947, held that a sum of Rs. 150 paid on 30th December, 1930, was an unappropriated payment. In regard to the payment of Rs. 300 on 30th May, 1938, he held that it was properly appropriated towards the principal and interest due on the date of payment. He negatived the plea of damdupat. In the result with a slight modification he confirmed the



















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