JUDGMENT 1. The point raised in this appeal was decided by one of us (the Chief Justice) in Original Suit No. 206 of 1911 on the file of the High Court on the Original Side and the decree was affirmed in appeal in Hajee Abdul Lateef Sahib v. Official Assignee of Madras 44 Ind. Cas. 847 : 40 M. 1173, Following that decision, we allow the appeal and reverse the order and restore the decree of the Munsif with costs throughout.