SOUTH INDIAN EXPORT CO LTD Vs. TNVISWANATHA IYER

JUDGEMENT

(1.) This is a suit brought by the South Indian Export Company on certain mortgages one of which was executed by one T. Krishna Iyer, who carried on business in Trichinopoly, in favour of Best & Co., and was after wards transferred to the plaintiff Company and the others in favour of the plaintiff, Company. The plaintiff also sues upon a mortgage created by Krishna Iyer s widow Pattammal after his decease by a deposit of title-deeds.

(2.) These transactions with the exemption of the last are set out at great length in the plaint, and form the subject of issues 1 to 5. There is no real dispute about these issues. The plaintiffs case has been proved as to them, and those issues must be found for the plaintiffs.

(3.) The real questions in the case are as to what was done after the death of T. Krishna Iyer in March 1909. The first issue which 1 propose to deal with is No. 8 : "Had Pattammal attained her majority prior to 19th March 1911 and, if so, on what date"? The allegation made by the defence is that at that time she was a minor. The evidence as to majority adduced by the plaintiff is distinctly weak.