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1929 Supreme(Mad) 351

ANANTA NARAYANA AYYAR
T. P. Java Rowther – Appellant
Versus
Sulaiman Rowther – Respondent


JUDGMENT

Anantakrishna Ayyar, J.

1. Suit to recover money due on a hypothecation bond dated 29th November 1906, executed for Rs. 300 by defendant 1 (Hameeda Beevi Ammal). Defendants 2 to 9 were impleaded as legal representatives of defendant 1, who died shortly after the filing of the plaint. The plea urged by the contesting defendants was that the property belonged to their father (husband of defendant l), that owing to pressure of creditors and to settle their claims easily the father made a colourable settlement in favour of defendant 1, and in order to lend colour to the settlement the plaint hypothecation bond was executed in favour of the plaintiff who was the father-in-law of defendant 2 without any consideration; and after the death of their father (defendant ls husband) the plaintiff having insisted on payment of Rs. 250, defendant 2, the eldest of the children, paid the plaintiff Rs. 360 in 1907, which was accepted in full discharge of the mortgage, and that the present suit was the result of collusion between the plaintiff and his son-in-law, defendant 2. The trial Court framed five issues in the suit and found that defendant 1 was entitled to mortgage the plaint property,














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