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1951 Supreme(Mad) 26

SUBBA RAO, PANCHAPAKESA AYYAR
K. K. Rm. Muthayee Aohi (died). – Appellant
Versus
A. K Rm. S. Rm. Subbiah Chettiar. – Respondent


Advocates:
R. Gopalaswami Aiyangar for Appellants.
C.S. Venkatachariar and D. Ramaswami Aiyangar for Respondents.

Panchapakesa Aiyar, J.-This is an appeal against the judgment and decree of the Subordinate Judge of Devakottai in O.S.No. 65 of 1945. That was a suit for recovering Rs. 13,013-14-11, the balance of principal, after giving credit to Rs. 930-8-0 paid on 14th November, 1944, and Rs. 556-13-4, the interest due on the promissory note, Exhibit P-1, executed by the defendant on 8th November 1944 for Rs. 13,710, the amount found due on taking of accounts on 8th November, 1944, in respect of the dealings between the plaintiff, Subbayya Chettiar and the defendant’s deceased son, Ramanathan Chettiar, and for Rs. 1,000 paid in cash on the date of the promissory note. The defence was that there was no settlement of accounts or taking of accounts on 8th November, 1944, that Rs. 1,000 in cash was not paid on that day, that the defendant did not execute Exhibit P-1 with the knowledge that it was a promissory note, and that her signature was obtained to Exhibit P-1 on the fraudulent representation that it was a document for taking a boy in adoption for her deceased son, Ramanathan Chettiar. It was also alleged that the defendant’s grandson, Ramanathan, was threatened by the plaintiff and his frien









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