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1955 Supreme(Mad) 63

GOVINDA MENON
V. R. Lakshmanan Chettiar by power of attorney agent N. Alwar Iyengar – Appellant
Versus
Minor S. K. Kamarajendra Kadirveluswami Pandian by mother and guardian the second – Respondent


Advocates:
R.Gopalaswami Ayyangar for Appellants.
K.S.Ramamurthi and K.Vaitheeswaran for Respondents.

Judgment

Exhibit A-1, dated 27th July, 1947, is a charcoal licence agreement between the first defendant and the first plaintiff on behalf of the plaintiffs in O.S. No.8 of 1949 on the file of the Sub-Court, Dindigul, by which it was agreed that the first plaintiff shall be at liberty to cut at his own cost for a period of two years from the date of the document the trees in the forest described in the schedule to the document and belonging to the first defendant except a few varieties of wood specified therein for manufacturing charcoal and for the purpose of removing the charcoal from the place of manufacture the first defendant was to issue a pass from time to time. It was also stipulated that the first plaintiff was to pay to the first defendant at the rate of Rs.0-7-0 per bag of charcoal removed by him from the place of manufacture. A sum of Rs.3,000 was paid to the first defendant as advance. It was agreed that for every bag of charcoal Re. 0-3-6 should be deducted out of the sum of Rs.3,000 paid by way of advance and only Rs.0-3-6 per bag would be paid to the first defendant. It was also provided that the first plaintiff before the 5th of every month shall make an account of






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