K K VARMA Vs. SRICHAND BAJAJ

JUDGEMENT

(1.) This Appeal Suit is directed against the judgment and decree dated 3-5-1980 rendered in O.S. No. 1183 of 1974 by the Court of first Assistant Judge, City Civil Court, Madras.

(2.) The appellant as the plaintiff has filed the suit in O.S. No. 1183 of 1974 in the Court of 1 Assistant Judge, City Civil Court, Madras for declaration that the defendant is not entitled to recover the amount of Rs. 11363.50 from the plaintiff in O.S. No. 4396 of 1973 on the file of the 7th Assistant Judge, City Civil Court, Madras and for directing him to return the said amount and for costs.

(3.) The plaintiff would submit in his plaint that the defendant filed O.S. No. 4396 of 1973 for recovery of a sum of Rs. 10,000/- together with interest at 21% p.a. against M/s. India Metres Limited represented by its Managing Director V. Sankar; that the defendant impleaded the plaintiff also as the fourth defendant along with two others namely K. Balarama Rao and P. Brahmayya, who are the Directors of the said company as guarantors and sought to recover the amount against them also; that the defendant also filed an I.A. No. 15728 of 1973 for an order of attachment before judgment of the movable kept in the house of the plaintiff and on an order passed by the Court below on 20-8-1973, the plaintiff's movables were distrained; that the plaintiff was taken unawares and paid a sum of Rs. 11,363.50 for not attaching the movables; that he was forced to pay the said amount and had no other alternative and he never owed any liability to the defendant much less to pay any amount; that falsely alleging that the plaintiff along with other directors approached him for financial assistance and that they executed a letter of guarantee on 12-1-1971 for securing the monies from the defendant upto a sum of Rs. 5,00,000/- and on such allegations the defendant filed the suit in O.S. No. 4396 of 1973 for the recovery of a sum of Rs. 10,000/- borrowed by the said India Meters Ltd. and that on two hundies dated 7-3-1973 guaranteed by the plaintiff and three others the said amount was due to him.