A.RAHIM, O.FIELD
M. S. Yesuvadiyan – Appellant
Versus
P. S. A. Subba Naicker – Respondent
Abdur Rahim, J.
1. The appeal arises in a suit to recover sums of money amounting to Rs. 8,000 from the defendant on the basis of certain dealings. The plaintiff is a dealer in cotton and had been doing business with Messrs. Giddam & Co. and afterwards with the New Berar Company. supplying therewith cotton. The defendant was at first a writer employed in Gaddam & Co.s office and afterwards did business as a broker. Admittedly the defendant had dealings with the plaintiff; he used to pay moneys to the plaintiff by way of deposit and drew moneys from time to time. The dealings out of which this suit has arisen covered a period of 5 or 6 years, and the claim of the plaintiff is that, on taking accounts, he was entitled to the sum which he has claimed. The defendants case, on the other hand, is that he was entitled to R3. 7,000 and odd and not that he owed anything to the plaintiff. The mode of dealings between the parties was of an extremely lax character. The defendant paying in sums of money from time to time never asked for any receipt or voucher for them. According to the case of the plaintiff the defendant drew sums of money daring the last 5 or 6 years on different dates;
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