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1938 Supreme(Mad) 239

WADSWORTH
Adoor Arunachalam Chetty – Appellant
Versus
Konjiti Seshiah Chetty – Respondent


JUDGMENT

Wadsworth, J.

1. The plaintiff sued on a promissory note which was executed in circumstances about which there is no dispute. The plaintiff is the maternal uncle of a child widow and was acting as her guardian after the death of her husband. In that capacity, he opened negotiations with the coparceners of the deceased husband of the widow and there was an arbitration and a series of documents came into existence on the same date. The plaintiff as guardian of the widow executed a release deed Ex. II. It recites that in consideration of the execution of a promissory note for Rs. 2,500 in favour of the plaintiff, a fixed amount in lieu of maintenance payable to the widow during all her life time, she surrenders her rights in the estate of her husbands coparceners and renounces all claims which she might have as a result of any change of circumstances, etc., and releases her right to maintenance. On the same date, there is Ex. 1 which is a deed of indemnity executed by the plaintiff. It recites the receipt of Rs. 2,500 in the shape of a promissory note, undertakes to get the widow to ratify the release deed as soon as she attains her majority and to hold the defendants blameless






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