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1936 Supreme(Mad) 230

VARADACHARIAR
R. M. P. R. A. P. R. Kasi Chettiar alias Perichiappa Chettiar – Appellant
Versus
V. A. L. V. Ramaasami Chetti Firm by its Managing Partner V. A. L. V. Ramasami Chettiar – Respondent


JUDGMENT

Varadachariar, J.

1. This appeal arises out of a suit brought to enforce the charge created by a security bond (Ex. H) dated 1st May, 1925, executed by one Lakshmanan Chettiar, the uncle of the defendant, to secure repayment of moneys due on dealings that had gone on for some years between Lakshmanan Chettiar and the plaintiff. The plaint stated generally in paragraph 2 that Lakshmanan Chettiar died without issue leaving no other heir except the defendant and that the defendant has succeeded to and has been enjoying the properties of the deceased Lakshmanan Chettiar as his heir. The defendant contended that he and Lakshmanan Chettiar were members of an undivided Hindu family, that, of the two items included in the security bond, item I was the self-acquisition of his father and could not therefore be subjected to a charge by Lakshmanan Chettiar, that item II was the joint property of the two branches to the extent of one-third and that the security bond could accordingly bind only Lakshmanan Chettiars one-sixth share in item II.

2. Of the issues framed in the case, issues 1 to 3 related to the dealings alleged in the plaint and to the truth of the security bond. Issues 4, 5 a









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