Venkatarama Ayyar, J.-

This is an appeal against the judgment of Panchapagesa Sastri, J., granting a decree in favour of the plaintiff in C.S.No.804 of 1948. The defendant, P. Abdul Azeez & Co., is the appellant. Its sole proprietor is one Abdul Azeez. He was doing considerable business in Madras and had large properties and he had been insuring his properties with the respondent the New India Assurance Co., Ltd. The suit was to recover a sum of Rs.37,103-10-0 due from the defendant on account of premia due on various policies issued by the plaintiff to him. The dispute in the suit related only to a sum of Rs.13,233-15-0 claimed on account of fire policies issued for the years 1946 and 1947 to the defendant These policies have been marked as Exhibits P-1, P-15, P-22, P-25, P-35, P-36, P-38 P-39, P-41 and P-45. The defendant contested the suit on the ground that it was a condition precedent to the policy taking effect that premia should be paid thereon and as that had not been done no suit could be maintained to recover them The policies are all of them in the same form, and the relevant clause therein is as follows:

“The company hereby agrees with the assured but subject to the condi

Click Here to Read the rest of this document