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G. Perayya (Minor) by His Mother and Next Friend, Mahalakshmamma Vs. Ahmad Abdul Rahiman Sait - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in25Ind.Cas.206
AppellantG. Perayya (Minor) by His Mother and Next Friend, Mahalakshmamma
RespondentAhmad Abdul Rahiman Sait
Cases ReferredNeelu Ammah v. Krishna Panikar
Excerpt:
hindu law - joint family--promissory note in adoptive father's name--bait by adopted son--whether adopted son can sue on note without succession certificate --succession certificate act (vii of 1889), section 4. - wallis, j.1. i hold, following neelu ammah v. krishna panikar 6 ind. cas. 745 : 8 m.l.t. 85 : (1910) m.w.n. 211., that the plaintiff cannot maintain the suit without a succession certificate. decree for the amount claimed with interest at contract rate up to date and subsequent interest at 6 percent., on plaintiff producing a succession certificate within two months. otherwise the suit to stand dismissed. plaintiff should pay defendant's costs as the litigation is due to his failure to produce succession certificate.
Judgment:

Wallis, J.

1. I hold, following Neelu Ammah v. Krishna Panikar 6 Ind. Cas. 745 : 8 M.L.T. 85 : (1910) M.W.N. 211., that the plaintiff cannot maintain the suit without a succession certificate. Decree for the amount claimed with interest at contract rate up to date and subsequent interest at 6 percent., on plaintiff producing a succession certificate within two months. Otherwise the suit to stand dismissed. Plaintiff should pay defendant's costs as the litigation is due to his failure to produce succession certificate.


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