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Muniandi Servai Vs. Ramasami, Minor by Next Friend Mookkayi Alias Karuppayi and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in29Ind.Cas.586
AppellantMuniandi Servai
RespondentRamasami, Minor by Next Friend Mookkayi Alias Karuppayi and ors.
Cases ReferredMannava Annapurnamma v. Uppala Akkayya
Excerpt:
contract act (ix of 1872), section 45 - payment to one of several heirs of a promisee whether operates as a discharge. - .....the omission of the learned district judge to refer to it is wholly immaterial.2. as regards the alleged payment to one of the heirs of the original mortgagee, the subordinate judge finds that the alleged payment was a sham. the district judge's judgment is obscure on that point. the full bench case in mannava annapurnamma v. uppala akkayya 19. ind. cas. 12 : 36 m. 544 : 13 m.l.t. 268 : (1913) m.w.n. 328 : 24 m.l.j. 333 only decides the the payment to one of the several joint promisees in a contract is binding on the others, and it does not decide the question whether payment to one of the several heirs of a single deceased promisee is binding on the other heirs. on the other hand, two at least of the three opinions incline against the view that such payment is binding.3. the second.....
Judgment:

1.Exhibit VI, mour opinion, is valueless as evidence and the omission of the learned District Judge to refer to it is wholly immaterial.

2. As regards the alleged payment to one of the heirs of the original mortgagee, the Subordinate Judge finds that the alleged payment was a sham. The District Judge's judgment is obscure on that point. The Full Bench case in Mannava Annapurnamma v. Uppala Akkayya 19. Ind. Cas. 12 : 36 M. 544 : 13 M.L.T. 268 : (1913) M.W.N. 328 : 24 M.L.J. 333 only decides the the payment to one of the several joint promisees in a contract is binding on the others, and it does not decide the question whether payment to one of the several heirs of a single deceased promisee is binding on the other heirs. On the other hand, two at least of the three opinions incline against the view that such payment is binding.

3. The second appeal is dismissed with costs.


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