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1939 Supreme(Mad) 167

GENTLE
D. Sundaravaradan – Appellant
Versus
M. K. Mani Iyer – Respondent


JUDGMENT

Gentle, J.

1. The applicant was the subscriber for one ticket in a chit fund conducted by the company of the nominal value of Rs. 1,000. Having been a successful bidder for the prize at the sum of Rs. 940, he withdrew the prize. Thereafter his liability to pay his subscriptions from month to month continued. He withdrew the prize money upon supplying to the company security for the amount, the security being the monies to which his two brothers would each be entitled in respect of their respective subscriptions to other chit funds conducted by the company, the two brothers being sureties. In the applicants affidavit, he states that the two brothers non-prized tickets were to be held as security for future instalments payable by him, and the company were empowered to appropriate the amounts due to them under the two tickets belonging to the two brothers towards any future instalments if default were committed in respect of such instalments. The learned Official Liquidator has taken the objection that any arrangement which had been made between the applicant and the company together with the two brothers is contained in letters written by the two brothers and that these requir






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