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1939 Supreme(Mad) 275

Mythili Ammal – Appellant
Versus
Janaki Ammal – Respondent


JUDGMENT

1. This appeal is against an order made in execution of the decree in O.S. No. 10 of 1924 on the file of the Sub-ordinate Judges Court, Cuddalore. The subject of the petition is a house No. 40, South Car Street, Chidambaram. Mythili, the decree-holder, was entitled under the decree to recover Rs. 5,800 from her husband Mahadevan, the judgment-debtor. To realize this sum she attached the aforesaid house as belonging to her husband. Janaki Ammal, mother of Mahadevan, filed a claim praying that the attachment should be raised on the ground that the house was her own. This claim was tried by the learned District Judge, South Arcot, who held that the house did belong to Janaki. Hence this appeal by Mythili, the decree-holder. The learned District Judge chiefly addressed himself to the question whether the purchase money for the house which was purchased in Janakis name came out of Mahadevans estate or was furnished by Janaki. He held that, apart from the oral evidence of Janaki, there was no evidence that the purchase money was paid by Janaki out of her own funds but that, on the other hand, there was evidence that it did not come out of the estate of Mahadevan. The points chief










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