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1949 Supreme(Mad) 55

VISWANATHA SASTRI
Nataraja Pillai (died) – Appellant
Versus
Appasami Naidu – Respondent


Advocates:
R. Somasundara Aiyar for Appellants.
R. Sundaralingam for Respondent.

Judgment

The legal representatives of the plaintiff, who originally filed the second appeal and died during its pendency, are the appellants. The suit out of which this second appeal has arisen was filed for a declaration that a decree obtained by the defendant against one Alamelu Ammal, widow of Kothandapani Pillai, was not binding on the estate of Kothandapani to which the plaintiff had succeeded as reversioner on the death of the widow. Kothandapani died on 12th February, 1925, leaving landed properties to which his widow Alamelu succeeded as his heir. On 25th December, 1926, she executed a promissory note (Ex.D-1) for Rs.600 in favour of one Krishnaswami Naidu who endorsed it on 18th September, 1934, in favour of the defendant in the present suit who sued Alamelu, the maker of the note, and obtained an ex parte decree against her in O.S.No.367 of 1934, on the file of the District Munsiff’s Court of Negapatam for the amount due under the promissory note. The relevant portion of the decree (Ex.D-5) was in these terms:

“It is ordered that the defendant personally and from the estate of her deceased husband in her possession do pay to the plaintiff the sum of Rs.1,083 with interest o


















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