Ramaprasada Rao, J.-The learned Subordinate Judge of Nilgiris at Ootacamund, combined the two original suits, O.S.Nos. 222 of 1966 and 152 of 1968, and rendered a common judgment. It is not seriously disputed that though not expressly but by implication at least the two suits are connected. The parties agreed that the evidence recorded in O.S. No. 222 of 1966 may be taken as evidence in the other suit as well and reference to the parties in this judgment will, therefore, be with reference to O.S. No. 222 of 1966. A.S. No. 295 of 1970 is directed against the judgment and decree of the lower Court in O.S. No. 222 of 1966 and A.S. No. 294 of 1970 is directed against the judgment and decree in O.S. No. 152 of 1968. The defendant in O.S. No. 222 of 1966 and the plaintiff in O.S. No. 152 of 1968 (one H. M. Kari Gowder; is the appellant in both the appeals.

2. We shall now trace the relevant facts independently in each of the suits and whenever necessary the collective facts in both the suits. The 1st plaintiff in O.S. No. 222 of 1966 is a partnership firm and is represented by its managing partner S. A. K. Chinnathambi Chettiar who is also the second plaintiff therein. The defendant is a

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