VISWANATHA SASTRI, RAGHAVA RAO, P.V.RAJAMANNAR
Ediga Hanumanthappa – Appellant
Versus
Eeranti Seethayya and Company consisting of Eeranti Seethayya – Respondent
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
Mohammed Silar Sahib v. Nabikhan Sahib : [1916] 31 M.L.J. 93
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