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1938 MarsdenLR 16

HIGH COURT MALAYA, SELANGOR
MURUGAPPA CHETTIAR – Appellant
Versus
LETCHUMANAN CHETTIAR – Respondent


JUDGMENT

Terrell A-G CJ:

AKML Letchumanan Chettiar is the chargee of certain land in the district of Ulu Langat, and is hereinafter referred to as the chargee.The chargers are ARMM Meyappa Chettiar (hereinafter referred to as Meyappa), and KMCT Murugappa Chettiar (hereinafter called Murugappa). The charge was originally for $20,000, but it has been reduced to $15,500 by the payment of $4,500.Murugappa alleges that he or his predecessors in title paid the whole of this $4,500, but this question has not yet been finally determined.The chargers are the proprietors of the land in equal shares, but they are jointly and severally liable for the whole of the money due upon the charge.

The chargee commenced these proceedings for the purpose of enforcing his charge by an order for sale.On the hearing of the Originating Summons, Murugappa alleged that each of the original chargors, now represented by Meyappa and Murugappa, received $10,000, and that having paid $4,500 there was only a balance of $5,500 due from him.This sum he paid into Court.He also alleged that Meyappa was the nominee of the charger himself, and this appears to be admitted by Meyappa who wrote a letter to that effect to the

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