A R ISWARAM PILLAI Vs. STAREGAN

JUDGEMENT

(1.) The plaintiff sues for a decree for a sum of Rs. 610 which includes the principal sum of Es. 450 and interest. This sum is claimed as due on a hypothecation bond purporting to be executed on the 27th August 1907 to which the plaintiff was not a party, but which was executed by one sahib Shaik Uduman Tharagan in favour of the 1st and 2nd defendants and of the father of the 3rd and 4th defendants, whom I shall refer for brevity as the defendants. Sheik Uduman Tharagan the executant of that bond was a debtor of the plaintiff and he asked the defendants (in terms to which I shall immediately refer) to pay off the sum of Rs. 450 which was due from Sheik Uduman Tharagan himself to the plaintiff.

(2.) The material portions of the hypothecation bond are as follows: " The Hypothecation bond executed on the 27th August 1907 to "the defendants...." the sum received on the hypothecation to you of the following properties belonging to me....", then the particulars of the Rs. 2000 are given which includes the following item " a sum of Rs. 450 is kept with you in order to be paid to and get a receipt from "...the plaintiff" on account of the balance due to him in respect of the purchase of yarn."

(3.) It will thus be seen that the plaintiff claims to have a contract enforced to which he was not a party but which was entered into between his debtor and the defendants.