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1950 Supreme(Mad) 241

SUBBA RAO, PANCHAPAKESA AYYAR, BALAKRISHNA AYYAR
A. L. S. P. PL. Subramania Chettiar (deceased) – Appellant
Versus
Moniam P. Narayanaswami Gounder – Respondent


Advocates:
K.V. Ramachandra Aiyar for the Appellants.
V.S. Rangaswami Aiyangar and M.S. Venkatarama Aiyar for Respondent.

Judgment

Subba Rao, J.-This appeal arises out of the suit filed by the appellant for recovery of a sum of Rs. 5,746 with interest. Defendants 1 and 2 executed a promissory note, dated 22nd September, 1933, in favour of the plaintiff for a sum of Rs. 1,500 payable with interest at 36 per cent, per annum. Defendants 1 and 2 are brothers. Defendants 4 and 5 are the sons of the first defendant. Defendant 3 executed a letter of guarantee dated 22nd September, 1933, in favour of the plaintiff for the due payment of the amount due under the promissory note. Defen-dants 1 and 2 paid several amounts on 20th September, 1936; 10th September, 1939 and 7th September, 1942 and the payments were duly endorsed on the pro-missory note. On the same dates, the third defendant made endorsements on the letter of guarantee binding himself to pay the principal and interest due in respect of the promissory note. The learned Subordinate Judge scaled down the debt in regard to all the defendants and gave a decree for a sum of Rs. 1,500 with interest thereon at 6¼ per cent, from 1st October, 1937, till the date of payment less Rs. 55 paid. The plaintiff preferred the above appeal.

The learned counsel for the a



























































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