SEENIAMMAL ALIAS INDIRANI Vs. PIRAMASANKARI ALIAS KAMALAM

JUDGEMENT

(1.) THIS reference has been referred by a learned Single Judge of this Court in Second Appeal No. 1499 of 1985 and had come before us.

(2.) THE brief facts which are necessary for the disposal of the reference are: One Murugesan Pillai executed a promissory note. THE plaintiff filed a suit for recovery of the amount due on the said promissory note against the legal representatives of the said Murugesan Pillai, since died. THE suit was resisted stating that the suit filed was time barred. It was further pleaded that the defendants are entitled to the benefit of Tamil Nadu Debt Relief Act 13 of 1980 (hereinafter referred to as the "Act 13 of 1980)

(3.) ON the other hand, learned counsel appearing for the defendants/legal representatives contended that the decision of the Division Bench in S. Samuel Nadar and others v. St. K. VI. Veerappa Chettiar and another , 1986 (99) L.W. 266, is not applicable to the case on hand, since the case was related to Act 38 of 1972. It is further submitted that the share of the each of the family members to be taken into account and as such, they are entitled to the benefit of Act 13 of 1980.