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1947 Supreme(Mad) 240

GOVINDARAJACHARI, SIR FREDERICK WILLIAM GENTLE
Maduri Lakshminarasimham – Appellant
Versus
Maduri Suryanarayana and others – Respondent


Advocates Appeared:
D. Narasaraju for Appellant.
B.V. Ramanarasu for Respondents.

Judgments: Govindamjachari, J.-

The appellant was the first judgment-debtor in O.S No 16 of 1932 on the file of the District Court, Vizagapatam, which on transfer was re-numbered as O.S. No. 6 of 1936 on the file of the Court of the Subordinate Judge of Chicacole. The suit was one for partition and consequential reliefs by a member of a joint Hindu family. The final decree which 1s dated 31st March, 1930, provided inter alia for the payment of Rs. 4,515 by the first defendant personally and by defendants 2 and 3 out of their family properties towards mesne profits from the year 1924 till date of suit (31st August, 1932) with interest thereon at the rate of six per cent, per annum from date of plaint and also for the payment similarly of three sums of Rs. 530 each towards mesne profits for the years 1932-33, 1933-34 and 1934-35 with interest on the respective amounts at six per cent, per annum from 1st March, 1933, 1st March, 1934, and 1st March, 1935. Costs of the suit were also awarded to the plaintiff in a sum of Rs. 1,019-15-0. As the three sums of Rs 530 together amounting to Rs. 1,590 were profits which arose subsequent to suit and on which therefore no court-fee was paid with


























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