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1977 Supreme(Mad) 427

V.SETHURAMAN, V.BALASUBRAHMANYAN
V. K. Abraham – Appellant
Versus
N. K. Abraham – Respondent


Advocates:
S. Padmanabhan, for Appellant.
M. Srinivasan, for Respondent.

Sethuraman, J.-The defendant in O.S. N . 91 of 1970 in the Court of the Subordinate Judge, Padmanabhapuram, is the appellant. The plaintiff is a rubber dealer in Kulasekharam. The defendant is the owner of a rubber estate called the Cross Field. Plantation at Kaliel. From the year 1963 the defendant was supplying sheet rubber as well as scrap rubber to the plaintiff from tints to time. The plaintff was also supplying estate stores and other materials. There were in addition cash transations between the parties. The last of the dealings between the plaintiff and the defendant was on 23rd July, i966. The defendant did not thereafter supply any rubber. The account of the defendant stood at a debit of, or overdrawn or that date by a sum of Rs. 46,505-67. The plaintiff filed the present suit for recovery of this sum along with interest at 12 per cent. per annum, after giving credit for a sum of Rs. 8,494. 20 being the amount due to the defendant’s father M. K. Kuriakose on account of the price of scrap rubber supplied by him to the plaintiff. This credit entry was made on 20th April, 1968. The present suit was for recovery of Rs. 58,660 including interest and future interest and costs.

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