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1931 Supreme(Mad) 185

MADHAVAN NAIR
Rachakonda Narayanamurti – Appellant
Versus
Darmana Ramalingam – Respondent


JUDGMENT

Madhavan Nair, J.

1. The plaintiff is the appellant. This second appeal arises out of a suit to recover from defendant 1 and his son defendant 2 Rs. 3,740 due on a promissory note executed by them in favour of defendant 3. Defendants endorsed the note in favour of the plaintiff who is his son-in-law. The contesting defendants pleaded want of consideration for the promissory note and also for the transfer in favour of the plaintiff. The two issues in the case were: (1) Whether the suit promissory note is not supported by consideration; and (2) "Whether the endorsement of transfer is genuine and supported by consideration. On these issues both the Courts found that the consideration for the suit note was, as alleged by the plaintiff, the withdrawal of the sale deed, Ex. E, from registration and that the transfer of the suit promissory note was not for consideration. The learned Subordinate Judge on these findings gave a decree to the plaintiff treating him as a transferee for collection. Though the promissory note was found to be supported by consideration the learned District Judge declined to pass a decree in favour of the plaintiff because he held having regard to the facts










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