M.CHOCKALINGAM, P.SHANMUGAM
S. Palani Velayudham – Appellant
Versus
T. G. Lavamoorthy – Respondent
M.CHOCKALINGAM, J.
The plaintiff is the appellant herein.
2. This appeal has been preferred by the plaintiff against the judgment and decree passed by the learned Subordinate Judge, Madurai dismissing the suit filed by the plaintiff in O.S.No.452 of 1982 for recovery of a sum of Rs.93,840/- with subsequent interest at 12% per annum on Rs.90,000/- from the date of plaint till realisation.
3. The plaintiff has presented the plaint with the following averments:
The plaintiff and the defendant were working as teachers in Thiagarajar Model Higher Secondary School. The other teachers, the plaintiff and the defendant were conducting a chit and also a welfare fund. Since the defendant, who was in sole management of the chit and welfare fund, left the management on 30.9.1980, the management was entrusted to the plaintiff from 1.10.1980. On assuming the management, the plaintiff scrutinised the accounts and found that a sum of Rs.90,000/- was taken by the defendant for his personal use, and thereby the defendant flouted the trust and confidence reposed on him by the teachers in general. When the plaintiff and other members approached the defendant to reimburse the said amount, he to
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