KRISHNAN Vs. DORARAJAN CHETTIAR

JUDGEMENT

(1.) The revision petitioners are respondents in E.A. No. 223 of 1979 in O.S. No. 299 of 1972 of the Munsiff's Court, Chittur. In execution of the decree in the above suit, as per E.P. No. 98 of 1979, an item of paddy field along with the crops standing thereon, was attached by RW 1 Amin, as per orders of the Court. After attachment the Amin entrusted the crops to the present petitioners and one Manikkan on their executing a bond dated 16th March 1979. Under the terms of the bond the executants undertook to look after the crops and to deliver over the property without any damage to the crops as and when required by the Court. In default of doing so, they undertook to deposit an amount of Rs. 3,450 or such amounts as the Court would direct them to deposit towards the value of the crops. E.A. No. 223 of 1979 was filed by the decree holder on 24th March 1979 alleging that the present petitioners and the judgment debtor together harvested the crops and removed the same. The decree holder, therefore, requested the Court to issue directions to the kychitdars to deposit the value of the crops as per the kychit, and if default is made, to recover the amount by arrest and detention of the petitioners. The petitioners filed objections to the above motion. They denied that the crops were entrusted to them by the Amin. The property is close to their own residence and the Amin made them sign in the document only as persons present at the time of attachment. The petitioners were illiterate coolies and as such they did not know the contents. They denied their liability to pay any amount under the bond. In support of the contention they examined themselves as RW 2 and RW 3 and also the Amin as RW 1. The Amin, as RW 1, deposed to the fact of attachment and the entrustment of the crops on kychit to the petitioners. The petitioners as RWs 2 and 3 denied that they knew the contents of the document. They, however, admitted their signature. According to RW 2, he knew only to write his signature and did not know to read and write. RW 3 stated in his evidence that he is illiterate and that he put only his thumb impression.

(2.) The learned Munsiff, however, held, that the petitioners put their signature knowing the contents of the document. Reference is made to E.A. No. 191 of 1979. That was a petition filed by the petitioners prior to the present proceedings, wherein they contended that the crops in the property entrusted to them on kychit had been taken away by some strangers without their knowledge. The admission in that petition regarding execution of the kychit, according to the executing court, belies the contention now put forward, that the petitioners were not aware of the contents of the document. The Court, therefore, overruled the objection, and, held that the petitioners, as also the first kychitdar, were liable to deposit the amount mentioned in the bond. It is this order that is challenged by the petitioners in this revision petition.

(3.) The contention, that the petitioners were not aware that the document they signed is a bond containing an undertaking to pay the amount mentioned therein, cannot be sustained. It is no doubt true, that the evidence in the case may show that the second executant, who is the second petitioner here, is illiterate. But, the Amin, as PW 1, has categorically stated in his evidence that he read over the kychit and explained the contents thereof to the executants before they signed the document. It is noted that the first executant has not raised any objection against his liability under the bond. It is significant that in spite of the fact that the Amin deposed that the document was read over to the executants no case to the contra has been spoken to by RW 2 or RW 3. The circumstance that immediately after the execution of the document the petitioners filed I.A. No. 191 of 1979 complaining about the theft of the crops also indicates that they were aware that they were the persons who were in charge of the crops. Therefore, the case that the petitioners did not know the contents of the document, which they signed, has to be discarded.