Panchapakesa Ayyar, J.-This is an appeal by one P.E. Warne, the plaintiff in O.S. No. 153 of 1949, on the file of the Subordinate Judge, Ootacamund, against the judgment and decree therein.

The facts were briefly these:The plaintiff had brought the suit for recovering Rs. 64,844-7-9 as damages for his wrongful dismissal by the defendants, the Ouchterlony Valley Estates Ltd., with their registered office at Calicut. His case was this: The defendants were badly in need of the services of an experienced planter like him. As a result of negotiations between him and the defendants, he was entertained as the Manager of the New Hope Estates, under the defendants, as per the terms contained in Exhibit A-7 the defendant’s letter dated 23rd August, 1947, accepted by the plaintiff by the letter, Exhibit B-10, dated 25th September, 1947. The terms of service, as per Exhibit A-7, were shortly these: The plaintiff was to be paid at Rs. 900 per mensem for a probationary period of six months. When the probationary period was satisfactorily completed, he was to be confirmed and paid at Rs. 950 per mensem for the first year, and at Rs. 1,000 per mensem for the second, third and fourth years, besides

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