Mettu Subba Reddi Vs. Challa Venkatappa Reddi - Court Judgment |
| Civil |
| Chennai |
| Dec-19-1940 |
| AIR1941Mad596; (1941)1MLJ313 |
| Mettu Subba Reddi |
| Challa Venkatappa Reddi |
- 1. the decree was obtained by a man on a promissory note debt which at least since 1935 has stood in the name of men. it is not permissible in such circumstances' for the decree-holder to adduce evidence that the debt is really owed to a woman in order to invoke section 4(h) of act iv of 1938. possibly the decree-holder may himself be liable to pay the realisations to a woman, but the liability of the judgment-debtor is to the decree-holder and to no one else. the revision petition is allowed with costs and the application is remitted to the trial court for fresh disposal in the light of this judgment.
1. The decree was obtained by a man on a promissory note debt which at least since 1935 has stood in the name of men. It is not permissible in such circumstances' for the decree-holder to adduce evidence that the debt is really owed to a woman in order to invoke Section 4(h) of Act IV of 1938. Possibly the decree-holder may himself be liable to pay the realisations to a woman, but the liability of the judgment-debtor is to the decree-holder and to no one else. The revision petition is allowed with costs and the application is remitted to the trial Court for fresh disposal in the light of this judgment.