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1910 Supreme(Mad) 220

ARNOLD WHITE, ABDUR RAHIM
Velayuthan Chetti – Appellant
Versus
Pillaiyar Chetti – Respondent


JUDGMENT

1. We think the City Judge is right in holding that the evidence in support of the plaintiffs case is unworthy of credence If Subraya Chetty had been carrying on a lucrative business in partnership with his father-in-law the 1st defendant, there would have been some sort of accounts forthcoming and the 1st plaintiff who lived in the same house would have been able to give some particulars of the alleged business; further it is difficult to believe that Subraya Chetty should have waited till the day he died to settle accounts with his partner or that he should have been in a position in the very last hours of his life to calculate exactly how much he had saved in the course of several years preceding his death without the help of any account book or notes. Nor can we say that the Judge is wrong in not accepting the story regarding Exhibit A, the draft pro-note. We think the reason he gives for not acting upon the evidence of Nagalinga Chetty and Kesvalu are such as naturally occur to one in regarding the probabilities of the story. Much emphasis was laid by the learned Vakil for the appellants on the fact that the 1st defendant states that when he asked his son-in-law what p

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