PEDDI VIRAYYA Vs. DOPPALAPUDI SUBBA RAO

JUDGEMENT

(1.) This appeal is brought by the plaintiff against the dismissal of his suit for accounts against the 1st defendant and for recovery of Rs. 6209-11-8 from the 2nd defendant. The main allegations in the plaint were that in the year 1947 the plaintiff employed the 1st defendant to purchase tobacco as his agent from cultivators, that the latter accordingly bought some tobacco which was paid for by the plaintiff and delivered to him in several cases, that he gave Rs. 10,350.00 to the 2nd defendant on 11-4-19-17 to be paid to the 1st defendant but the latter acknowledged only a sum of Rs. 5,000.00 out of that amount, that the 1st defendant failed to render account of the amounts received by him in spite of repeated demands and that the 2nd defendant had not given any satisfactory answer with regard to the amount entrusted to him.

(2.) The suit was contested by the 1st defendant inter alia on the ground that the contract between him and the plaintiff was illegal as being opposed to the provisions of the Central Excises and Salt Act. He also denied having deputed the 2nd defendant to bring any money from the plaintiff.

(3.) The defence of the 2nd defendant was that he was entrusted with a sum of Rs. 5,000.00 only which he had duly made over to the 1st defendant and that therefore the plaintiff was not entitled to any relief against him.