BAGALI MOMMU SAHEB Vs. DODDI LAXMI BAI AND

JUDGEMENT

(1.) Plaintitf is the landlord and defendant 2 is her tenant. Defendant 2 had to pay to the plaintiff thirteen tons of sugar cane as rent. A lease deed was executed recording the lease between the parties and that lease deed was deposited by defendant 2 with defendant 3 for the purpose of enabling him to draw advances from defendant 3 for the expenses of cultivation. Defendant 2 had supplied the sugar cane grown by him on the land to defendant 3 which is a Joint Stock Company manufacturing sugar, A sum of Rs. 654-7-0 was the price payable fay defendant 3 to defendant 2 in respect of the sugar cane supplied.

(2.) In 1953, defendant 2 had to deliver to the plaintiff fourteen tons of sugar cane as the current year's rent and arrears of rent for the preceding year. On March 4, 1953, defendant 2 addressed a letter to defendant 3 requesting it to pay to the plaintiff a sum of Rs. 500-2-9 out of the money which was payable by defendant 3 to defendant 2. That letter was acknowledged by the Company and entered in its account books. An entry was also made in the ledger folio of defendant 2 and that entry in the ledger folio was marked as Exhibit D-1.

(3.) On 13-4-1953, defendant 1 who had obtained a money decree against defendant 2, attached the money which was to the credit of defendant 2 with, defendant 3. Defendant 3 explained to the Court that a sum of Rs. 500-2-9 out of the amount which was payable by the Company to defendant 2, had already become payable to the plaintiff and that therefore, what remained with defendant 3 was only a small sum of Rs. 154-4-9 which was to the credit of defendant 2. That small amount was sent by defendant 3 to the Court. But on the Court directing defendant 3 to send the entire amount which represented the price of the sugar cane payable by defendant 3 to defendant 2 that amount was also sent by defendant 3 to the Court.