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1945 Supreme(Mad) 291

RAJAMANNAR
Nedumkandathil Koyakutty – Appellant
Versus
Kunhali – Respondent


Advocates:
B. Sitarama Rao and T. Krishna Rao for Appellant.
K. Bashyam and G. Gopinath for Respondents.

Judgment

This second appeal arises out of a suit brought for the recovery of a sum of Rs. 4,387-4-0 as arrears of rent and the Jenmabhogam due to the plaintiff’s tarwad under a kaichit dated 28th August, 1929, executed by defendants 1 and 2 in favour of the plaintiff’s tarwad and interest th«reon. The main plea of the defendants was a plea of discharge and in support of it they produced three receipts, Exs. II, III and IV and a letter Ex. V. All these documents bear the signature of Chappunni Valia Nair, a former karnavan of the plaintiff’s tarwad, who died sometime in June, 1939 and was succeeded by the plaintiff. The defendants also say that there is a signature of the plaintiff himself on Ex. II. The plaintiff denied that there was any payment as recited in the said receipts. He denied that he ever signed on Ex. II. He further pleaded that these receipts must have been granted by the kariasthan at the time one Krishna Menon to defendants 1 and 2 as a result of fraud and collusion between them and him. The learned Subordinate Judge of South Malabar on a consideration of the oral and documentary evidence tendered by both the parties, held against the defendant’s plea of discharge a



















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