VARIATHU Vs. SUBBARAYA CHETTIAR

JUDGEMENT

(1.) THE two defendants in O. S. No. 173 of 1952 of the District Court, Ernakulam, are the appellants before us. The suit was for the recovery of the balance of the amount due under a promissory note for Rs. 25,000/ -, Ext. A dated 8 - -8 - -1951. The contentions of the defendants which have been rejected by the court below are based on Ext. I, a letter alleged to have been given by the plaintiff to the 1st defendant on 8 - -8 - -1951. According to them the non -fulfillment of the karar precludes the enforcement of Ext. A or at least reduced the amount payable by the price of the 120 bundles of tobacco agreed to be supplied by the plaintiff, free of cost, under Ext. I. The plaintiff denies Ext. I and the main question for consideration relates to the genuineness of that document.

(2.) THE operative portion of Ext. I reads as follows:

(3.) D . W. 1 said that he was acquainted with the plaintiff. He was asked whether the plaintiff had a mustache. The answer was: