M L M MAHALINGAM CHETTIAR Vs. RAMANATHAN CHETTIAR

JUDGEMENT

(1.) THIS is a consolidated appeal against the orders dated October 2, 1934, and February 1, 1935, of the High Court of Madras affirming two orders dated December 23, 1931, of the Court of the Subordinate Judge of Ramnad at Madura. The appeal arises out of certain execution proceedings, and the principal question to be determined is whether in the case of cross decrees for money the right of the party holding the decree for the larger amount to set off the smaller decree against him is defeated by reason of the smaller decree having been attached by third parties.

(2.) THE facts that give rise to the appeal are not in dispute and can be stated with reasonable brevity.

(3.) ON November 2, 1928, the appellant filed in the execution proceedings execution application No.518 of 1928, which is one of the subjects of this appeal. By it he asked that execution should be ordered for the balance due to him from respondent No.1 after deducting the amount due from him under the decree in Suit No.153 of 1910. The appellant also on the same date filed a memorandum of satisfaction of the decree in Suit No.153 of 1910. This memorandum is the other subject matter of this appeal.