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1940 Supreme(Mad) 421

WADSWORTH
S. Venkiteswara Aiyer – Appellant
Versus
T. N. Ramasami Aiyar – Respondent


JUDGMENT

Wadsworth, J.

1. This appeal raises a question of appropriation with reference to an application under Section 19, Madras Act, 4 of 1938. The appellant, who is the applicant in the Court below, was defendant 1 in this suit. The debt, so far as we need trace it back, starts with a principal of Rs. 7250 as on 27th April 1925 when a security bond was executed. Before the suit there were certain payments, the exact figure of which seems to be doubtful. The suit was filed in 1.928 for a sum of Rs. 11,500. It ended in a decree which, so far as defendants 3 to 5 were concerned was based on a compromise and the same decree was made applicable to defendants 1 and 2 who allowed the suit to proceed ex parte. The decree provided for a payment of Rs. 12,116 within four months or in default for payment of Rs. 14,116, with interest at six per cent. No payment was made. The hypotheca mortgaged under the security bond was sold and realized Rs. 5420 which was credited to the decree and part satisfaction was recorded. An application was preferred for a personal decree for the balance. We have not got this actual application before us, but the personal decree indicates that Rs. 5420 realized by



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