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1938 MarsdenLR 80

APPELLATE CIVIL JURISDICTION SELANGOR
SELVADURAY – Appellant
Versus
CHINNIAH – Respondent


Petitioner Advocates:Shearn ,Respondent Advocate: Ramani,Sen

Terrell AG CJ:

[1] The plaintiff (respondent) was a ledger clerk employed by the defendant, and his claim is for the sum of $926 for wages alleged to be due to him for the period of his service. Before Raja Musa J the plaintiff recovered judgment for the amount claimed, and the defendant has appealed.

[2] The material portions of the plaint are as follows:

"1. The plaintiff is a "Kanakka Pillay" (ledger clerk) and resides at Kuala Selangor. The defendant is a money lender and also resides at Kuala Selangor.

2. On or about the 12 of June 1935 the defendant engaged the plaintiff as a kanakka pillay inter alia on the following terms:

(a) The plaintiff was to be provided with free board and lodging and clothing; and

(b) a salary of $30 per month.

3. The plaintiff was to work at defendant's Kuala Selangor office and it was agreed that plaintiff's salary was to be kept by defendant on deposit and paid to plaintiff when his services were terminated".

[3] These allegations are met by the following paragraphs in the defence:

"1. Paragraph 1 of the statement of plaint is admitted.

2. With regard to paras 2 and 3 of the Statement of Plaint, in 1935 one ALPSTAR. Kasi Chettiar of Klang informed the defen

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