ELIZABETH Vs. ALAGESENDRAN CHETTIAR

JUDGEMENT

(1.) This appeal and cross objections arise from the judgment in O.S. No. 303 of 1977 which is a suit for recovery of money alleged to be in enforcement of an indemnity clause contained in a deed of sale of land. The appellants are defendants 1 and 2. Defendants 2 to 7 are the legal representatives of the deceased Dominic who together with the first defendant sold an estate to the plaintiffs. The cross objections are filed by the plaintiffs in regard to the finding concerning two of the three heads of claim.

(2.) As regards two heads of claim: (1) bonus alleged to have been paid by the plaintiffs to the workers in respect of the period before the sale in the sum of Rs. 4,651.74, and (2) the expenses" alleged to have been incurred by the plaintiffs in the sum of Rs. 4,800/- by reason of the break down of a tractor sold along with the estate, the learned Judge found that there was no evidence at all to support them. The suit was accordingly dismissed in respect of these two heads. Hence the cross objections of the plaintiffs.

(3.) However, in regard to the claim for Rs. 4051.89 in respect of arrears of land revenue, the learned Judge found that, although the plaintiffs had not produced any evidence to prove payment of the amount, the alleged amount represented the differential land tax that became payable subsequent to the sale on account of a revision of the tax with retrospective effect so as to cover the period before sale as well. The suit was decreed for this amount. Hence the defendants' appeal.