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1933 Supreme(Mad) 114

WALSH
Ayyakannu Pillai – Appellant
Versus
Doraiswami Pillai – Respondent


JUDGMENT

Walsh, J.

1. The suit was on a mortgage bond executed by defendant 1 in respect of a chit transaction conducted by the plaintiffs. The chit fund was started about 2nd May 1921 and it consisted of 50 chits. Defendant 1 was a subscriber for two chits and he took the chit in auction in the third instalment on 8th July 1921, for Rs. 197 and executed the suit mortgage bond as security for payment of the future instalments. While the chit was going on he also took the other chit in auction in 30tb instalment for Rs. 310 on 6th October 1923. The findings of fact are that towards the suit mortgage bond defendant 1 paid up the calls until 24th call only, and thereafter committed default. Under the terms of the bond all future instalments 25 to 50 became payable on the date of default. The plaintiffs case in the trial Court was that defendant 1 committed default in the fifth drawing, but the Court found that this default had been waived and, as I said, the finding is that default began after the 24th instalment. The plea of defendant 1 was that he had paid up to the end of the 27th instalment and that there was an adjustment as regards both the chits by means of Ex. 1. Ex. 1, has been



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