SATYANARAYANA RAO
A. M. S. Sheik Muhammed Maracair – Appellant
Versus
Bathummal Beevi – Respondent
This revision petition is filed by the defendant against the order of the Subordinate Judge of Tuticorin upholding the decision of the District Munsiff of Srivaikuntam passed under Order 22, rule 10 of the Civil Procedure Code.
One Bathummal Beevi executed a power of attorney in favour of the defendant authorising him to manage her properties and to make collections of the rents and profits of the shops and buildings. The defendant who was thus constituted the plaintiff’s agent continued to manage until the power of attorney was revoked. As the defendant did not render an account of his management to Bathummal Beevi, the principal, she instituted a suit for an account and for recovery of the amount found due after taking acccounts. She assigned her rights in the money due from the defendant to the present respondent on the 3rd July, 1943, whereby the assignee was clothed with rights to recover from the defendant all the amounts belonging to the assignor and remaining in the hands of the defendant; and, if necessary by joining himself as a plaintiff in the suit already instituted. There was a preliminary decree in the suit on the 23rd September, 1943, and the original plain
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