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1945 Supreme(Mad) 72

SOMAYYA
Somu Achari – Appellant
Versus
Singara Achari – Respondent


JUDGMENT

Somayya, J.

1. The plaintiff executed Ex. P-1 in favour of his brother, Singara Achari, on 3rd December 1929. The two were brothers find the plaintiff relinquished his share in the family properties for a sum of Rs. 150. The relevant part of this document runs thus:

In respect of the properties belonging to both of us in 108 Narayana Mangalam, Nannilam taluk, Kodavasal Sub-district, Tanjore District, and in respect of my share therein, you shall yourself take the entire properties and discharge all the debts due and recover the out standings, if any. To this effect we have agreed, and in full quit of my right for a share, it is settled that I should take Rs. 150 and as I have received the said sum of Rs. 150 by the execution of a promissory note by you this date, I have no manner of right or claim in respect of the under mentioned family properties or the debts and outstandings. To this effect I have executed this release.

2. The promissory note was transferred to one Swaminatha Pathar who filed a suit upon it and obtained a decree. The decree-holder was unable to realise any amount and he thereafter assigned his decree under Ex. P-3 on 3rd July 1942. The present suit was fil





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