R.V.K. THAMPURAN Vs. KUNNATH TEXTILES

JUDGEMENT

(1.) Second appeal filed by the defendant arose from a suit for realisation of price of goods purchased on credit. The suit was filed before the Munsiff, Thrissur. The appellant said that the purchase through agent was at Thripunithura and hence the Munsiff had no jurisdiction. He also said that his textile business ended in loss and the plaintiff's agent, K. G. Menon, through whom the purchase was made, took the entire goods in the shop worth Rs. 1,289.40 in full and final settlement and hence no amount is due. Want of privity of contract was also a contention.

(2.) Both the courts below found on evidence that part of the cause of action arose within the jurisdiction of the Thrissur court and hence it had jurisdiction. But the Trial Court accepted the pleas of ' want of privity of contract as well as full and final settlement by the agent and dismissed the suit. The Appellants Judge said that there is nothing to show that K G. Menon was the agent of the plaintiff or that he had the authority to have a full and final settlement on behalf of the plaintiff. Appeal was allowed and the suit decreed for the full principal amount of Rs. 4,063.20 with interest only from the date of suit and costs in both the courts,

(3.) Now it is admitted and it is further proved by the evidence that one T. V. Menon was the agent of the plaintiff and in his absence, his son K. G. Menon acted as agent for the transaction. His authority is not questioned. Ext. A1 order form itself was signed by K. G. Menon. Ext. A2 contains a list of articles valued at Rs 1,289.40 taken by K. G. Menon from the shop of the appellant on 5-2-1981 in partial discharge of the liability under the disputed transaction. By Ext. B1 letter dated 26-2-1981, he informed the appellant that unless a demand draft for the balance amount is sent to the respondent, the price of goods received under Ext. B2 cannot be accounted. That means, the goods under Ext. B2 were not received in full and final settlement as contended. The amount covered by Ext. B2 will have to be deducted from the plaint claim since the authority of K. G. Menon is not in dispute.