VENKATASUBBAIYAR Vs. SUBBARATHINAM AIYAR

JUDGEMENT

(1.) Before disposing of this Second Appeal, we consider it desirable to have findings on the following questions: (1) Whether before the receipt of Exhibit VII by the 1st defendant, Doraisawmy Iyengar had agreed to receive payment of the amount due on the hypothecation bond from the usufructuary mortgagees under Exhibit VI, whether he had agreed to release the 1st defendant and whether he had received any payment from the usufructuary mortgagees or from the 1st defendant? (2) Whether before the receipt of Exhibit VII the 1st defendant had entered into any and what contract, agreement or undertaking with Doraisawmy Iyengar with reference to the hypothecation debt? and (3) Whether any and what payments were made to Doraisawmy Iyengar before the decree in O.S. No. 235 of 1900 on the file of the Court of the District Munsif of Kulitalai ?

(2.) The findings will be on the evidence on record.

(3.) The finding is to be returned within one month from the date of receipt of this order. Time for objections, seven days.