V THIRUMALA CHARIAR Vs. ATHIMOOLA KARAYALAR (DECEASED)

JUDGEMENT

(1.) The Plaintiff in this case has sued to enforce an agreement embodied in Ex. A, dated 7th October, 1916, to convey to him 1 acre and 68 cents of wet land, which document he alleges was executed by Nambi Kone, the deceased husband of Defendant 1 and father of Defendant 7. The Subordinate Judge has found that Ex. A is not genuine and has dismissed the suit. Against that dismissal the Plaintiff appeals.

(2.) It appears that Nambi Kone in 1907 instituted a suit for partition against his nephews, Defendant 2, and the father of Defendants 4 to 6, in the Tinnevelly Subordinate Judge's Court. That suit came on appeal to this Court and altogether had a long history. In the end Nambi Kone got a decree for a half share of the property in question, and his share was delivered to him in execution in May, 1916. It is admitted that Nambi Kone employed the Plaintiff to assist him in that suit by attending Court for him both in Tinnevelly and Madras and that the employment went on throughout the history of the suit, Nambi Kone paying the Plaintiff's travelling allowance and batta when he was away from his village for the purpose of the suit.

(3.) The Plaintiff's case is that in 1907, before Nambi Kone first employed him in that way, Nambi Kone promised him "proper remuneration" for his services at the end of the litigation. In October, 1916, according to the Plaintiff, Nambi Kone told him that he had decided to transfer to him 1 Kotta of wet land, that is 1 acre and 68 cents, but, as he had to sell some of the land which he had obtained in partition in order to clear off his own debts, he would make the transfer after three years: the Plaintiffs agreed to that, and then Nambi Kone, two or three days later, executed Ex. A to the effect that he would transfer 1 Kotta of wet land out of the wet land which he had got in a certain village to the Plaintiff within three years and in default would pay the Plaintiff Rs. 5,500 with interest at 6 per cent, from the date of default. Ex. A was not presented for registration by Nambi Kone. On the 8 January, 1917, it was presented for registration by the Plaintiff, who says that he did that on hearing rumours that Nambi Kone was not going to carry out the agreement. When the Plaintiff presented Ex. A for compulsory registration, the Sub-Registrar sent a notice to Nambi Kone, who appeared at the Sub- Registrar's Office on the 15 January, 1917, and denied that he ever executed that document. On that the Sub-Registrar refused registration, and the matter was taken to the District Registrar, who held an enquiry and in October, 1917, ordered the document to be registered as a genuine document. Meanwhile unfortunately Nambi Kone died in June, 1917.