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1942 Supreme(Mad) 368

PATANJALI SASTRI
Pulavarthi Lakshmanaswami deceased – Appellant
Versus
Srimat Tirumula Peddinti Tiruvengala Raghavacharyulu – Respondent


JUDGMENT

Patanjali Sastri, J.

1. These appeals raise questions of some general importance relating to the true scope of the pious obligation of a Hindu son to discharge his fathers debts.

2. One Viraraghavacharyulu and his brother Ramanujacharyulu were members of a joint Hindu family of which the former was the manager. Viraraghavacharyulu borrowed Rs. 2,000 from the appellant in both appeals on a promissory note, dated 18th December, 1929. The debt was renewed in 1932 by the execution of another note for Rs. 3,070-7-6 being the amount then due for principal and interest under the earlier note. A sum of Rs. 400 was paid on 23rd September, 1935 and the payment was endorsed on the note by both Viraraghavacharyulu and Rarrjanujacharyulu. Viraraghavacharyulu having died in 1936, the appellant sued his son and Ramanujacharyulu (O.S. No. 48 of 1938) for recovery of the balance due on the note. A.S. No. 412 of 1940 arises out of that suit. The connected appeal A.S. No. 383 of 1940 arises out of another suit (O.S. No. 50 of 1938) brought by the appellant against the same defendants to enforce payment of the balance of principal and interest due on a promissory note for Rs. 16,051-15-0 execute
























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