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1942 Supreme(Mad) 413

ALFRED HENRY LIONEL LEACH
Syed Abdul Wajid Sahib – Appellant
Versus
Oosman Abdul Rubb – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. This appeal arises out of a suit filed by the respondent on the original side of this Court to recover from the appellants, who were sued as the legal representatives of his deceased brother Abdul Wahid, the amount due to him in respect of the management of his estate. The suit was tried by Somayya, J., who granted the plaintiff a decree for Rs. 29,348-14-2. The appellants object to the decree only in respect of two of the sums which make up the aggregate of Rs. 29,348-14-2. The first objection is with regard to a sum of Rs. 2,730-1-0 allowed as a one-fourth share of a fixed deposit and the second objection is with regard to a sum of Rs. 9,760, allowed in respect of interest from the date of death of Abdul Wahid, which, took place in the month of September, 1932.

2. The respondent is the youngest son of the late Dr. N. Mohamed Oosman Sahib of Madras. Dr. Mohamed Oosman died on the 10th April, 1929. He was survived by three sons and two daughters. The respondent was then a minor. His eldest brother Abdul Wahid acted as the respondents guardian and took charge and managed his share of their fathers estate, which was partitioned amongst the son






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