GOVINDAN Vs. CHACKO

JUDGEMENT

(1.) The defeated first defendant is the appellant before me. The suit was for recovery of a sum of Rs. 400/- on the basis of a karar entered into between the defendant and the plaintiff on 24-2-1952.

(2.) According to the plaintiff, the defendant owed some amount to one Chacko Iyyo, a cousin of the plaintiff, having borrowed the sum in or about 19-1-1952. This Chacko Iyyo appears to have pressed the first defendant for payment, arid according to the plaintiff, he came to the rescue of the first defendant at his request and discharged his liability by paying Chacko Iyyo. It is this amount that is sought to be recovered by the plaintiff in these proceedings.

(3.) The defence set up was one of absolute denial of the transaction with either Chacko Iyyo or the later transaction with the plaintiff.