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1937 Supreme(Mad) 436

VENKATARAMANA RAO
Chatlapalli Suryaprakasa Rao – Appellant
Versus
Polisetti Venkataratnam – Respondent


JUDGMENT

Venkataramana Rao, J.

1. The question involved in this appeal is whether the defendants-judgment-debtors committed default in payment of the instalments due and payable under the compromise decree obtained by the first respondent, decree-holder in this case. The decree was passed on the 19th July, 1932, in and by which it was provided that the amount due and payable under the decree should be paid in six instalments of Rs. 1,000 each with interest at 6 per cent, on the decree amount, the first instalment falling due on the 30th September, 1933,and thereafter the instalments to be paid on the said date each year. It also provided that the amounts paid on the said date each year should be entered upon the decree and that, if for any reason any two successive instalments are not paid, the balance due with interest at the said rate should be recoverable from the defendants personally and from the properties charged under the said decree. The defendants failed to pay the first instalment on 30th September, 1933. When the due date of the second instalment, that is, 30th September, 1934, was about to expire, on 29th September, 1934,the defendants obtained a chalan. 30th September,

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