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1963 Supreme(Ker) 56

K.K.MATHEW
VALAPAD CO-OPERATIVE STORES LTD – Appellant
Versus
K. H. SRINEVASA IYER BROS – Respondent


Judgment :-

1. These appeals arise from the decrees in O. S.477 of 1955 and 495 of 1955 respectively on the file of the Munsiff's Court, Palghat. Both these cases were tried together and the evidence was taken in O. S.477 of 1955. The Valappad Co-operative Stores Ltd., a Society registered under the Madras Co-operative Societies Act (Act VI of 1932) hereinafter called the Society is the defendant in both cases. The two suits were instituted for recovery of money by the two different plaintiffs for the purchase of goods by the Society from them. The bills on which the claim of the plaintiff in 0. S.477 of 1955 was based are Exts. B 1 to B 3 dated 11-4-1955 and those on which claim of the plaintiff in O. S.495 of 1955 was based are Exts. B-35 to B 37 dated 9 31955. The case of the plaintiffs was that the Society purchased goods from them and was indebted for the amounts claimed in the respective plaints.

2. The substantial defence raised by the defendant was that the Secretary of the Society was entrusted with funds for purchasing the goods, that he had no authority to purchase the goods on credit, that the Secretary had misappropriated the funds entrusted by the Society for purchasin

























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