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1951 Supreme(Mad) 138

GOVINDA MENON, CHANDRA REDDI
V. Kalyanasundaram Pillai – Appellant
Versus
R. M. L. S. Chockalingam Chettiar – Respondent


Advocates:
V. Ramaswami Aiyar and C.S. Rajappa for Appellant.
T.L. Venkatarama Aiyar and N.V. Sundaram for Respondent.

Govinda Menon, J.-Exhibit B-2 is an indenture between the Governor-General-in-Council and the appellant herein by which the appellant has been made the lessee of certain salt pans in Tirunelveli district. For the purpose of procuring the lease as well as the payment of the rents due, the appellant borrowed large sums of money from the respondent, as a result of which the respondent filed O.S.No.42 of 1947, on the file of the Subordinate Judge’s Court of Tuticorin for the recovery of Rs.1,08,229-9-8 with interest, etc., from the appellant personally and by enforcement of a charge on all the salt manufactured and gathered in the salt pans. On the 24th June, 1949, a compromise decree was passed which provided the payment of the decree amount which was settled at Rs.90,000 by various instalments. Paragraph 4 stated that if there be any default in respect of payment of even one instalment as described in paragraph 1 of the compromise decree, the plaintiff (respondent) shall automatically be the receiver of the salt pans for the purpose of realising the decree amount as per paragraph 2 of the compromise decree and that the plaintiff shall be entitled to enter into and be in possession of























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