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1953 Supreme(Ker) 56

SUBRAMONIA.IYER, VITHAYATHIL
Chidambara Iyer – Appellant
Versus
Janardhana Iyer – Respondent


Judgment :-

1. The defendant in O.S. 881 of 1119 on the file of Munsiffs Court of Kottarakara appeals against the decree passed in favour of the plaintiffs on foot of a promissory note executed by him to the plaintiffs deceased father on 23-10-1113 (Ex. A) for Rs. 1,500. The plaintiffs are the only sons of the deceased payee of whom the 1st plaintiff died since. The 2nd plaintiff is the son-in-law of the defendant, having married his daughter in the year 1095. In connection with the marriage, to be clearer, by way of Varasulka, a promissory, note for Rs. 500/- was executed by the defendant to the plaintiffs' father on 13-10-1095 (Ex. I) after the marriage. This promissory note was renewed on 3-10-1101 (Ex. V) for Rs. 650 which represents the principal and interest. Ex.V was further renewed on 26-10-1107 (Ex. B) for Rs. 1,000 including the interest that accrued due till then. The promissory note sued on is the renewal of Ex. B. Exs. I, V and B contain endorsements of the aforesaid renewals. The plaintiffs' case was that the transaction evidenced by Ex. A is one for cash consideration as it purports to be. That story was disbelieved by the court below which found that Ex. A is really




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