ALAGIRISAMI PILLAI Vs. LAKSHMANAN CHETTY ALIAS SAMUEL CHETTY

JUDGEMENT

(1.) Before dealing with the questions of law raised, I shall briefly set forth the facts.

(2.) Lakshmanan Chetty entered into a partition with his coparceners under the deed of division dated 9 February, 1918. A sum of money fell to his share and this sum was retained under the terms of that deed with his brother Ramalinga Chetty. The appellant filed a suit for money (O.S. No 495 of 1919) against Lakshmanan and attached before judgment the debt due to him under the partition deed. The appellant on 3 July, 1919, obtained a decree in his suit. Lakshmanan some time after this filed a suit against Ramalinga (O.S. No. 772 of 1920) for recovery of the money due to him under the partition deed and obtained a decree. Lakshmanan and Ramalinga within a month of this decree entered into a settlement and Lakshmanan reported satisfaction which was recorded.

(3.) The decree was obtained by Lakshmanan in O.S. No. 772 of 1920 on the 2nd February, 1921, satisfaction was entered on 2nd March, 1921 and the appellant on 27 July, 1921, applied to execute the decree in O.S. No. 772 of 1920.