SANKARA AYYAR Vs. VELLAYYA MOOPAN

JUDGEMENT

(1.) THE appellant in this second appeal obtained a decree for arrears of Pattom due to him against the respondent in O. S. No. 233 of 1950 on the file of the District Munsif Court, Shencottah. The date of that decree, a copy of which has been marked as Ex. P.2, is 8 -2 -1954. On 7 -9 -1954 the appellant executed a receipt in favour of the respondent, Ex. P. 1 in the case, in which he admitted having received a sum of Rs. 275 in full satisfaction of the decree.

(2.) THE learned District Munsif of Shencotta held that the suit was premature and non -suited the respondent. He did not record any finding on the issue whether in fact the appellant received any money from the respondent.

(3.) THE finding of the learned District Judge that the appellant received a sum of Rs. 275 as per Ex. P. 1 in full satisfaction of the decree in O. S. No. 233 of 1950 is correct and is supported by the evidence on record. The learned counsel for the appellant was not able to challenge this finding of fact successfully. I am of opinion that on the evidence on record the only conclusion possible is that the appellant received a sum of Rs. 275 from the respondent and passed the receipt Ex. P. 1. I affirm that finding of fact recorded by the teamed District Judge,