C I ABRAHAM Vs. K A CHERIYAN

JUDGEMENT

(1.) Appellant is the defendant in O.S.277 of 1975 of the III Additional Sub-Court, Ernakulam. The plaintiff (respondent herein) filed the suit for rendition of accounts and to recover Rs.19,099/- or such farther amount as would be found due to him, on settlement of accounts with the defendant together with 6% interest thereon. The learned Sub-Judge decreed the suit for Rs.19,099.89 with 6% interest from 9-10-1975 and costs against the defendant. Aggrieved by the same the above appeal has been filed by the defendant.

(2.) The plaintiff filed the suit for rendition of accounts by the defendant and to recover the amount as per Ext.B4 or such other sum as found due to him from the defendant on settlement of accounts. Appellant died and his legal representatives were impleaded as additional appellants 2 to 4. Defendant admitted the settlement evidenced by Ext.B4 and contended that out of the said amount Rs.11,000/- is due to him by way of commission and remuneration for the services rendered by him in purchasing a building for the plaintiff and the consequent management and supervision of the same during plaintiff's absence from India. Though plaintiff contended in the suit that the defendant is liable to rendition of accounts and that he (plaintiff) is entitled to the amount so determined he took the stand by Ext.B4 and was satisfied with the amount mentioned in it.

(3.) It is common case that plaintiff was employed in Ethiopia from 1950 onwards and that he used to visit his native place during vacations. He desired to purchase a building for his residence at Ernakulam after retirement. He requested the defendant who is. a relative to help him to purchase a building. Substantial portions of the money for purchasing the building was drawn by the plaintiff from his non-residential account with the Grindlays Bank. Plaintiff undertook to deposit the monthly rent of the building in the bank. It is not disputed that the defendant was entrusted to collect the rent and to remit the same in the plaintiff's bank account. It is the case of the plaintiff that though defendant collected rent, he failed to deposit the same in the bank. According to the plaintiff, rent collected from April 1967 to December 1972 would amount to Rs.38,806.50. In para 8 of the written statement, defendant contended that he received Rs.6,325/- only as rent from tenant Rajamma. Defendant examined as D.W.1 deposed that Rajamma did not pay three months rent wen she vacated the building. It is not disputed that Rajamma was in possession of the building from 1-7-1967 to 31-10-1968. The rent for that period at the rate of Rs.575/-per month would come to Rs.9,200/-. The trial Court accepting the evidence of D.W.1 that Rajamma had not paid three months rent held that defendant had collected Rs.37,081.50 towards rent from the various tenants.