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1943 Supreme(Mad) 65

Gundu Venkatalingam – Appellant
Versus
Gundu Mrutyanjayadu – Respondent


ORDER

1. This is an appeal against an order passed by Byers, J., committing the appellant to prison for contempt of Court. The appellant has filed an appeal against the decree passed in a partition suit instituted by his brother, the respondent, and this appeal is pending. When he had been served with" notice of the appeal the respondent applied for an order directing the appellant to furnish security for costs in the event of its being dismissed. This application was based on the allegation that the appellant was alienating his share of the family properties and that if the appeal were dismissed the respondent would not be able to recover his costs. In order to avoid an order for security being passed against him, the appellant gave an undertaking that he would not alienate his interests in any of the properties which were the subject-matter of the appeal. In breach of the undertaking he sold his interests in one property for the sum of Rs. 1,500. This was a clear breach of his undertaking and constituted a contempt of Court for which the learned Judge ordered that he be sent to prison for a period of six months. The present appeal is against this order.

2. The learned advocate for






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