MUNIAPPA Vs. C ARAMASETTY AND

JUDGEMENT

(1.) The appellant in this appeal was defendant 1 in the court of first instance. He was the lessor of certain premises which were taken on lease by defendant 2, in connection with which a sum of Rs. 1,200/- had been paid by defendant 2 to defendant 1, as advance, under a receipt Exhibit A. On August 26, 1949, accounts were settled between the defendants and the receipt Exhibit C was executed by defendant 1 in favour of defendant 2, acknowledging receipt from defendant 2 of the sum of Rs. 3,400/-. The receipt Exhibit A, however, was left in the custody of defendant 2.

(2.) The plaintiff, claiming to be a transferee of the right to recover the sum of Rs. 1,200/- which had been advanced by defendant 2 to defendant 1, brought the suit out of which this second appeal arises, for the recovery of that amount from both the defendants.

(3.) The Court of first instance dismissed the suit against defendant 1 but gave the plaintiff the decree which he wanted, against defendant 2.