A. RANGASWAMY Vs. K. GOVINDASWAMY NAIDU AND ANR.

JUDGEMENT

(1.) ON 25th December 1950 one Venkalaswami Naicker. a resident of Adikarapalayam, Tiruchen -gode taluk, Salem Dt. borrowed a sum of Rs. 9000 from A. V. Srinivasalu Naidu, a resident of Appa -nayakkanpatti, Palladam taluk, Coimbatore Dt. and executed an instrument styled as a promissory note with a stipulation to pay interest at 61/2 per cent per annum. On the same day Srinivasalu Naidu, in whose favour the aforesaid instrument was executed, endorsed the installment in favour of his brother -in -law Rangaswami Naidu for valid consideration. Venkataswami Naicker died in or about November 1954. He left behind as his heir his brother, Govindaswami Naidu.

(2.) DEFENDANTS 1 and 2 filed separate written statements in the suit. The first defendant pleaded that the late Venkataswami Naicker was his undivided brother and that the properties in his hands are all joint family properties of himself and his brother. He pleaded that the debt incurred by Venkataswami had been fully discharged by payment of cash of Rs. 5000 on or about 2 -10 -1951, and by delivery of two electric motors of 5 H. P. with pump set worth Rs. 3000 and by delivery of 10 sirens worth Rs. 3000. He denied that either Venkataswami or himself was an agriculturist with -in the meaning of the Ordinance and the Madras Acts V of 1954 and 1 of 1955, and contended that the suit was barred by limitation.

(3.) The next question that has to be considered is whether Ex. A. 1 dated 25 -12 -1950 executed by Venkataswami Naicker in favour of A. V. Sri -nivasalu Naidu is a promissory note as defined by Section 4 of the Negotiable Instruments Act. The promissory note is in Tamil and the relevant recitals therein have to be referred to. They arc as follows : (The recitals given in regional language are omitted.) The translation of the document into English made by the court is as follows: