Ramanathan Chetty V. Meera Saibo Marikar

1930

[IN THE PRIVY COUNCIL.]

Present: Lord Atkin, Lord Russell of Killowen, and Lord Macmillan.

RAMANATHAN CHETTY v. MEERA SAIBO MARIKAR.

Wrongful seizure of goods-Writ authorizing seizure of goods of a firm-Attachment of plaintiff's goods-Proof of malice.

Where the defendant caused the Fiscal to seize the goods of the plaintiff under a writ, which directed the Fiscal to seize the goods of a certain firm, the plaintiff can recover damages without proof of malice.

APPEAL from a judgment of the Supreme Court.

November 18, 1930. Delivered by LORD RUSSELL of Killowen-

This is an appeal from a decree of the Supreme Court of the Island of Ceylon reversing a decree of the District Court of Colombo. The relevant facts can be briefly stated. The parties to the action were both of them creditors of Nana Moona Mohamado Rawther & Co., who carried on business as tea merchants at Nos. 35 and 65, Second Cross street, Colombo, and who may be conveniently referred to as " the firm ". On June 18, 1925, the firm filed their petition in insolvency.

The respondent, who carried on business at No. 69, Second Cross street, and had heard

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