K P RAMAKRISHNA PATTAR Vs. KPNARAYANA PATTAR

JUDGEMENT

(1.) The first defendant; is the appellant. He is the karaiswan (or proprietor) of a kuri which he started in August 1906. There were 11 tickets in the kuri and the first defendant induced other persons to enter into contracts with himself on certain terms which included the payment of subscriptions by them to the kuri at the rate of Rs. 250 yearly for each ticket-holder. The first defendant allowed also each ticket-holder to assign his rights under each contract to third persons subject to certain conditions.

(2.) The plaintiff became the assignee of half of a ticket from the second defendant who had entered into one of the several contracts with the first defendant, The sixth subscription to the chit had to be paid on the 17th August 1911. The plaintiff had to send Rs. 125 to the first defendant as subscription towards the chit due on that date. He sent the Rs. 125 but the first defendant refused to receive it. Hence the plaintiff brought the suit on the 31st August 1911 for two reliefs, namely, (a) that the first defendant be compelled "to receive the amount due by the plaintiff for the sixth drawing after declaring that the plaintiff has right to pay subscriptions for the said kuri," (b) "that the first defendant do give to the plaintiff the due receipt of the kuri for the sixth drawing."

(3.) The District Munsif disbelieved the first defendant s story that Rs. 125 was not tendered before noon on the 17th August 1911, and believed the plaintiff s evidence that the money was tendered in proper time, but following Kristaya v. Kasipati (1880) I.L.R. 9 Mad. 55 he refused to give a decree compelling the first defendant to accept the Rs. 125. He, however, gave the plaintiff a decree declaring that the plaintiff is entitled to continue payment of subscriptions to the kuri conducted by the first defendant as the plaintiff was not a defaulter. His decree was confirmed by the learned Subordinate Judge,