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1936 Supreme(Mad) 207

VENKATARAMANA RAO
A. M. A. M. R. Palaniappa Chettiar – Appellant
Versus
Palani Goundan – Respondent


JUDGMENT

Venkataramana Rao, J.

1. Sinna Goundan and his three sons were members of an undivided Hindu family. The respondent in this case filed a suit against the father, Sinna Goundan alone and obtained an attachment before judgment of the entire joint family property belonging to him and sons. He subsequently obtained a decree on the 12th July, 1933. Five months after he obtained the said decree, the father was adjudicated insolvent on or about the 11th November, 1933. Subsequent to the Order of adjudication the petitioner with the leave of the Insolvency Court filed a suit against the father and the sons and obtained an attachment before judgment of the sons shares alone in the joint family property on the 4th February, 1934. Subsequently he got a decree on the 21st March, 1934. Then he filed an application for execution on the 31st July, 1934, to sell the sons shares in the suit property and on the 19th March, 1935 the sale proceeds were realised in execution and deposited into Court. Meanwhile the respondent filed an execution application on the 13th March, 1935 to sell the entire joint family property and on the 22nd M*arch, 1935, applied for rateable distribution of the sale p


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