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Palaniappa Chetty Vs. Avatharaman and ors. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Reported in(1897)7MLJ195
AppellantPalaniappa Chetty
RespondentAvatharaman and ors.
Excerpt:
- subramania aiyar, j.1. the plaintiff sues upon a bond executed to his deceased father. in the absence of any admission or evidence to the contrary, the presumption is that the debt was one due to the family, and no certificate of heirship was necessary to enable the plaintiff to recover the debt.2. i set aside the order of the subordinate judge and direct the suit be restored to the file and dealt with according to law. costs to abide and follow the result.
Judgment:

Subramania Aiyar, J.

1. The plaintiff sues upon a bond executed to his deceased father. In the absence of any admission or evidence to the contrary, the presumption is that the debt was one due to the family, and no certificate of heirship was necessary to enable the plaintiff to recover the debt.

2. I set aside the order of the Subordinate Judge and direct the suit be restored to the file and dealt with according to law. Costs to abide and follow the result.


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