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Chennai Court June 1962 Judgments

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Jun 25 1962

Pappu Reddiar Vs. P.Sv.Rm. Ramanatha Iyer

Court: Chennai

Decided on: Jun-25-1962

Reported in: (1962)2MLJ362

S. Ramachandra Iyer, C.J.1. This appeal arises from the judgment of Ganapatia Pillai, J. and involves the determination of a question relating to award of interest while directing restitution. Muthuswami Reddiar, since deceased,, whose estate is now represented by the appellant, had certain monetary dealings with the respondent, in respect of which he filed a suit and obtained a decree in the Sub-Court at Tirunelveli for a sum of Rs. 10,643-12-0 towards principal and interest and Rs. 1,473-10-0 as and for costs. Against that decree the respondent filed an appeal to this Court, A.S. No. 121 of 1951. Along with the appeal he filed an application for stay of execution of the decree. By order, dated 9th April, 1951, this Court granted conditional relief by directing stay of execution of the trial Court's decree, if the respondent were to deposit the entire amount in the lower Court within a specified time. It was also provided that the decree-holder could draw the amount deposited on furni...


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