Kerala High Court
AS/21/1955 of R.SIVARAMAKRISHNA IYER Vs M.R.AIPPU & CO. LTD on 31 July 1956
! IN THE HIGH COURT. OF JUDICATURE OF TRAVAN CORE - CO CHIN Present: # The Hon'ble Shri G. Kumara Pillai, Judge and The Hon 'ble Shri M S. Menon, Judge ·Appeal Suit No. 21 of 1955. 0.8. No. 26 0£ 1953 of the Anjikaimal District Court. , ' Appellant - defendant R.. Sivaramakrishna
IN THE HIGH COURT. OF JUDICATURE OF TRAVAN CORE - CO CHIN
Present:
#TheHon'ble ShriG.Kumara Pillai, JudgeandThe Hon 'bleShri M S. Menon, Judge ·Appeal Suit No. 21 of 1955.
0.8. No. 26 0£ 1953 of theAnjikaimal District Court.'
Appellant - defendant
R.. Sivaramakrishna Iyer, residing at Marthandapura, Tenkasi,Tinnevelley District By advocate Shri c.s.Venkiteswara Iyer Respondent - plaintiff M.R. Aippu & Co.Ltd., Mattancherry, represented by ManagingDirector, M.I.Raphael, son of M.R.Aippu, residing at Alwaye.
(By advocate Shri K. P. Abraham.)
Respondent 2:E.T. Mani, son of Thomas,Christian, Merchant,aged 57 years, residing at Manthara in Mattan-cherry Town, in T. CState,: (By advocate Shri K.P.
Impleaded as'per order dated 19.6.1956 on C.M.P.No.561 oAbfra ha19m56)..
This appeal suit having be en· finally heard on 31.7.1956, the Court on the same day delivered the following
JUDGMENT
This appeal arises out of a suit on a hundi.The hundi wasexecuted by the defendant in favour of the plaintiff in considerationof amounts due to the plaintiff from a third person.The contentionpressed by the defendant-appellant in thisCourt was that it was notsupported by consideration so far as he was concerned.The evidenceshows that in pursuance of the hundi the plaintiff discharged the thirdperson from his liability to theextent of the hundi amount.That factcoupled with the recital in the hundi would show that the hundi was exe-cuted by the defendant at his own instance in order to procure a dis-charge of the third person ts liability.·Plaintiff has admittedlygiven the discharge also to the third person to the extent of the}.hundi amount .In the circumstances we hold that the appellant 's content ion J1. 7-.1956
' ·1. ··..···.__y___
costs.
.. .'.-.--,;:·SD.G .. ·,KUMARA PILLAI, JUDGE.%%#SD:-· M.. S.MENON,JUDGE·•-~:..({~t~>,•l true.. -.#?copy I
.-.-,_...:.~~. -. ~. .~'Deputy·- egFast:rar
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