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1950 Supreme(Ker) 64

KUNHI RAMAN, SANKARAN
Kochurama Panicker – Appellant
Versus
Varkey – Respondent


Judgment :-

1. The plaintiff is the appellant. The suit was for recovering money due under a chitty conducted by the defendant. The plaintiff's case was there were three classes of chitties conducted by the defendant as foreman. They were earmarked A, B and C class chits. The plaintiff had subscribed to three tickets in A class (4 in B class and 3 in C class) chitties. He had obtained satisfaction in respect of these with the exception of two tickets in A class, 2 in B class and 3 in C class. There were altogether 26 instalments of subscription payable; but the chitty collapsed on the 20th instalment day. All subscriptions have been duly paid by the plaintiff till the 19th instalment day. He had made a successful bid in respect of one of his tickets in the A class chitty on the 19th instalment date. The total investment calculated on the basis of the subscriptions payable by the plaintiff would have been Rs. 1200, but the amount of his bid was only Rs. 989-14-4. This sum had to be paid to him as prize money according to the rules of the chit on the 20th instalment day. But it was not paid, because the chitty collapsed by that time. The point that was urged on behalf of the plaintif









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