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Kari Chengamna and anr. Vs. Jatti Kristnamnah and ors. and Sannayala Peraya and anr. - Court Judgment

LegalCrystal Citation
SubjectContract
CourtChennai
Decided On
Judge
Reported in1Ind.Cas.219
AppellantKari Chengamna and anr.
RespondentJatti Kristnamnah and ors. and Sannayala Peraya and anr.
Cases ReferredBarber Maran v. Ramana Gounden
Excerpt:
contract act (ix of 1872), sections 38 and 45 - joint promisees--validity of discharge by one of several joint promisees--co-mortgagees--mortgage-debt paid to one mortgagee--discharge of debt. - 1. we are not prepared to differ from the decision in barber maran v. ramana gounden 20 m.k 461 mainly based upon the proviso to section 38 of the indian contract act, which undoubtedly supports the conclusion arrived at in that judgment.2. we accordingly dismiss the second appeal and the revision petition with costs.
Judgment:

1. We are not prepared to differ from the decision in Barber Maran v. Ramana Gounden 20 M.k 461 mainly based upon the proviso to Section 38 of the Indian Contract Act, which undoubtedly supports the conclusion arrived at in that judgment.

2. We accordingly dismiss the second appeal and the revision petition with costs.


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