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1938 Supreme(Mad) 180

MOCKETT
Trojan and Co. – Appellant
Versus
Al. Al. Annamalai Chettiar – Respondent


JUDGMENT

Mockett, J.

1. The plaintiffs are a firm of stockbrokers carrying on business in Madras. They are Nattukottai Chetties; and so is the defendant. The plaintiffs sue for moneys due to them from the defendant arising out of a course of dealings, beginning in December, 1934 and ending in March, 1935. The dealings concern Government promissory notes mill shares and silver. The defence of the defendant is that this money is irrecoverable, it being a gaming transaction and therefore within the mischief of Section 30 of the Contract Act. It seems to me that the first thing that I have to do is to discuss the nature of the transactions and the relations of the parties to each other and find definitely what those relations were and what the transactions were. Personally I have not any doubt in my mind about the true facts. The defendant pleads that he (a resident of Pallathur which is quite near to the village from which the plaintiffs come) entered into an arrangement with them by which dealings should take place in stocks, shares and securities, but that those dealings should be so arranged that the defendant should have to pay differences only and should not be expected to take del











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