SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1949 Supreme(Mad) 101

VISWANATHA SASTRI, RAGHAVA RAO, P.V.RAJAMANNAR
Ediga Hanumanthappa – Appellant
Versus
Eeranti Seethayya and Company consisting of Eeranti Seethayya – Respondent


Advocates:
D. Narasaraju and K.B. Krishnamurthi for Appellants.
T.S. Narasinga Rao and K. Balachandrudu for Respondents.

Judgment

Order of Reference to a Full Bench.-This appeal is filed by the judgment-debtors in O.S. No. 133 of 1942 on the file of the District Munsif’s Court, Anantapur. They filed an application to enter up satisfaction, — E.A.No. 218 of 1945. At that time, there was an execution application. (E.P.No.467 of 1944) pending. The amount due under the decree was Rs. 3,342-8-0 and the application for execution was in respect of that amount.

The decree-holder is a firm, Eranti Seethayya and company, consisting of two partners Eranti Seethayya and Thallam Suryanarayanappa. The application for execution was filed by Eranti Seethayya. The judgment-debtors’ application to enter up satisfaction was in respect of an alleged payment of Rs. 2,750 to the other patner, Suryanarayanappa. The judgment-debtors claimed that he accepted that amount in full satisfaction of the decree. The payment was evidenced by a receipt which has been exhibited as Ex. P. 1. and the partner, Suryanarayanappa gave evidence in support of the judgment-debtors’ application. He has a four-anna interest in the firm and, in cross-examination by the counsel appearing for his partner, he admitted that he had not been authorised t





























































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top