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1943 Supreme(Mad) 61

KRISHNASWAMI AYYANGAR
Seth Nandaramdas Atmaram by Agent Hemrajmul – Appellant
Versus
Zulika Bibi – Respondent


JUDGMENT

Krishnaswami Ayyangar, J.

1. This is an appeal from the judgment of the Subordinate Judge of Coimbatore dismissing in effect the suit (O.S. No. 10 of 1940) instituted by the appellant for setting aside an order allowing the claim of the first respondent to certain properties which had been attached before judgment by the appellant in an earlier suit. That suit (O.S. No. 98 of 1938) had been instituted by the appellant to recover a sum of Rs. 7,800 due on hundies executed by one Babu Sahib and his three sons. The properties were attached before judgment 0n 8th and 9th April, 1938, and later on 4th August, 1938, the appellant obtained his decree.

2. Babu Sahib died in December, 1937. His three sons are respondents 2 to 4.The first respondent is the wife of his eldest son Mydeen Batcha Sahib who is the second respondent here. Her claim, to the property is based on a deed of gift executed by Babu Sahib in her favour on. 27th September, 1937. The properties gifted were of considerable value though their value is stated in the deed to be Rs. 9,000 only which there is reason to believe was an under-estimate., The attachment was raised by an order of the executing Court dated 15th De




















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