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1950 Supreme(Mad) 122

SOMASUNDARAM
Moppuru Narayana. – Appellant
Versus
Mallavarapu Lurudu Mareyya. – Respondent


Advocates:
U. Sethumadhava Rao for Petitioner.
K. Kanniah for Respondent.

Judgment.-

This revision is by the plaintiff against the dismissal of Small Cause Suit No. 140 of 1946 by the Subordinate Judge of Tenali. The suit is for the recovery of Rs. 331-4-0 based on an acknowledgment of liability made by the defendant in his own writing on nth May, 1945. This was done in a note book belonging to the plaintiff and it was left in the possession of the plaintiff. The writing was in Telugu and as there was some dispute with regard to the translation, I had it translated by Court and it reads as follows:

“Three hundred and two rupees and annas eight only being the amount due to this date on looking into the accounts up to this date in respect of miscellaneous khatha (account’s and in respect of the principal and interest relating to previous accounts. (Sd.) Mallavarapu Lurudu Marayya”.

The plaintiff bases his action solely on this acknowledgment as is clear from his averments in paragraphs 1 and 4 of his plaint. The lower Court finds that there is no other evidence of the amount now claimed except the acknowledgment relied on and this finding is not seriously disputed by the plaintiff. The only question is whether this document is admissible in evidence. Under se



















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