SEITHAMMARAKKATH MAMMAD Vs. KOYOMMATATH MAMMAD

JUDGEMENT

(1.) This Second appeal is by the plaintiff in a suit on a promissory note which was decreed by the Munsiff but dismissed by the Subordinate Judge in appeal by the defendant.

(2.) The promissory note in suit purports to be executed on 18.3.1949 by the defendant in favour of the plaintiff or his order and is for a sum of Rs. 500/-. It is recited that Rs. 300/- out of the sum was borrowed on a previous occasion and the balance of Rs. 200/- was a present advance. It is written in the bottom portion of a half sheet of foolscap paper and contains not alone the signature but also the thumb impressions of the executant. The plaint averred that the defendant falsely issued Ext. B1 notice through counsel on 20.6.1949 alleging entrustment with the plaintiff by the defendant of a blank sheet of paper containing the defendants thumb impression for particular purpose and calling back for its return because the purpose was unfulfilled evidently suggesting that the promissory note was a manipulation and with a view to forestall this suit. The promissory note was filed as Ext. A1 and the suit was laid soon after on 28.6.1949.

(3.) The defendant, by his written statement denied both execution of Ext. A1 and also the receipt of any portion of the consideration. He pleaded that he had sought the good services of the plaintiff to intervene on his behalf with Mohammad Kunhi examined in the case as DW. 2, for grant of a lease of immovable property and had, while he was urgently entraining for Madras, entrusted with the plaintiff a blank half sheet of paper with his thumb impression for being filled up as a Kychit for the purpose, as the plaintiff had desired. DW. 2 however refused to accept any such make shift arrangement. So the blank paper remained with the plaintiff, the defendant not having claimed it back. Subsequently in or about July 1949 the plaintiff fell out with the defendants family on account of the refusal by the defendants elder brother to consummate his marriage with the plaintiffs niece. And the plaintiff in his enmity had taken advantage of the existence of the blank sheet with him to fill it up as the promissory note herein.