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1931 Supreme(Mad) 311

MADHAVAN NAIR
Palaniswami Goundar – Appellant
Versus
English and Scottish Co-operative Wholesale Societies Ltd. – Respondent


JUDGMENT

Madhavan Nair, J.

1. The defendant is the appellant. This second appeal arises out of a suit instituted by the English and Scottish Co-operative Wholesale Societies for the recovery of Rs. 1,387-13-7. The plaintiffs alleged that the defendant executed two contracts under Act 1 of 1903, binding himself to work with a hundred coolies in the Mango Range Estate of the plaintiffs and received a consideration of Rs. 1,200 and further advances and way expenses of the coolies. The suit was for the recovery of the amount on the ground that the defendant failed to keep the required number of coolies in the estate. A schedule showing how the plaint amount was arrived at was also filed along with the plaint. The defendant contended amongst other things that the agreements were not supported by consideration, that the suit contracts were invalid and unenforceable and that the amount claimed in the plaint as due from him was not correct. The last point was covered by issue 8. As the District Munsif found that the contracts were invalid he held that nothing was due to the plaintiffs and therefore dismissed the suit. On appeal the learned Subordinate Judge held that consideration was proved








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