RANI LEELA KUMARI Vs. J ZAMBERLAL

JUDGEMENT

(1.) The plaintiffs in O. S. No. 1907 of 1971, on the file of the City Civil Court, Madras, are the appellants. The first plaintiff died after filing the suit and plaintiffs 2 to 6 are his legal representatives and it is they who are the appellants herein. The first Plaintiff Pledged with the defendant, a pawn broker, valuable jewels described in the pawn ticket No. A. 6685 dated 22-3-1970, as security for a loan of Rs. 30,000 taken on that day. On 25-4-1970 the first plaintiff paid to the defendant a sum of Rs. 11,000. and the same was endorsed and acknowledged by the defendant on the pawn ticket itself. There was thus a balance of Rs. 19,000, which had to be repaid with interest at 12% per annum. The first plaintiff claimed that he approached the defendant to pay the sum of Rs. 19,000, with interest, but the defendant refused to deliver the jewels to him and to receive the amount from him. The first plaintiff, therefore, came forward with the suit for redemption of the pledged jewels on Payment of the sum of Rs. 21,090 and for a permanent injunction restraining the defendant from bringing the Pledged jewels to sale by public auction.

(2.) The defendant resisted the suit contending that on 17-9-1970 the first plaintiff, apart from the sum of Rs. 11,000, paid on 26-4-1970, as admitted by the first plaintiff, made a further payment of Rs. 19,000, that he issued a receipt bearing No. A. 6673 and that after the payment of the total sum of Rs. 30,000 the first plaintiff had taken back the jewels. It was also stated that the first plaintiff represented that the original pawn ticket was lost and endorsed on the duplicate about the loss of the original ticket. It was, therefore, stated that there was- no- question of the first plaintiff paying any sum of Rs. 19,000 and the defendant refusing, to receive it and that the whole proceedings were the offshoot of some other litigation between the parties.

(3.) On the pleadings, the following issues were raised -