N NAMBERUMAL CHETTI Vs. VEERAPERUMAL PILLAI

JUDGEMENT

(1.) These appeals arise out of a suit, C.S. No. 300 of 1927, filed by one Namberumal Chettiar against four defendants. The 1 defendant is Veeraperumal Pillai, nephew and executor of the estate of P. Appasami Pillai, who died on the 4th of October, 1921. The 2nd defendant is Kanthammal, the illegitimate daughter of Appasami Pillai. The 3 defendant is the Official Assignee in whom the property of the 1 defendant is now vested on account of insolvency. The 4 defendant is Mr. S. G. Satagopa Mudaliar, an Advocate of this Court, who was in 1923 the Receiver of another estate which was the subject of a litigation and who in the capacity of such Receiver advanced a loan of 2 1/2 lakhs to the 1 defendant- executor on a deed of mortgage, dated the 10 of April, 1923; and he is impleaded in this suit as such mortgagee.

(2.) The suit was for the administration of the estate of the deceased Appasami Pillai and for the recovery of the balance of legacy of Rs. 15,000 with further interest and of a sum of Rs. 15,000 due on a promissory note with further interest. The suit came on for trial before Beasley, J., as he then was, and he dismissed the suit for the legacy but gave a decree for the balance of the money due on the promissory note after crediting the admitted payments towards that note, the decree being executable against the assets, if any, of the deceased Appasami Pillai now in the hands of the 1 defendant personally. The plaintiff files these two appeals separately, one in respect of the legacy and the other in respect of the promissory note.

(3.) The further facts necessary for understanding the points arising in these appeals are as follows :