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1928 Supreme(Mad) 193

PHILLIPS
S. A. Rajamier – Appellant
Versus
M. R. M. A. Subramaniam Chettiar – Respondent


JUDGMENT

Phillips, J.

1. This suit is based upon three documents, Exs. B, B-1 and B-2 executed in 1895 and 1896 respectively. These documents evidence loans taken by the late Rajah of Ramand (hereinafter called the Rajah) from the plaintiffs father and hypothecate certain jewels which had previously been pledged to defendant 4, Annamalai Chetti, certain allowances reserved for the Rajah under the trust-deed, Ex. Q executed by him on 12th July 1895 in favour of defendant 3 and in one case certain furniture. The Rajah has become heavily indebted and consequently executed the deed of trust, Ex. Q in order to secure the estate, namely the zamindari of Ramnad, for his minor son, defendant 1. Under this deed he handed over the whole of the zamindari to defendant 3 in trust and provided inter alia for the payment of his debts then existing and for payment of certain allowances to himself and to other members of his family. The allowances to the Raja consisted of a monthly payment of Rs. 5,500 and an annual payment of Rs. 10,000 for Dasara and these allowances were to be paid by the trustee out of the rents, income and. profits of the estate. After executing this trust-deed the Rajah borrowe







































































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