A M A MURUGAPPA CHETTY Vs. NVNNACHIAPPA CHETTY

JUDGEMENT

(1.) In this case the plaintiff is suing defendant 1 personally and defendant 2 in respect of his share in the joint family property for the sum of Rs. 12,000 with interest on the principal sum of Rs. 10,000 with half-yearly rests calculated at Re. 0-12-6 per cent, per mensem until the date of decree and thereafter at 6 per cent, on the total amount until realisation in the following circumstances. On 17 November 1930 defendant 1 went to the plaintiff and asked him to give a letter that would enable him (defendant 1) to obtain from the plaintiff's Madras Office the sum of Rs. 10,000. That was a matter that took place outside the jurisdiction of this High Court. A letter was given which empowered the holder of that letter to go to the plaintiff's Madras firm and require the plaintiff's agent at Madras to pay at Madras to the order of defendant 1 Rs. 10,000 together with the nadapu rate of interest from 17 November 1930 to the date of presentation and debit the said amount in the name of defendant 1 and note on the letter that payment had been made. To follow out the history of that letter I will go somewhat out of historical sequence. Defendant 1 did not take that letter to Madras, did not present it for payment at Madras and was not paid by the plaintiff at Madras, but he endorsed it over to a third party at a place outside the jurisdiction of this Court add that third party took it to Madras received the money at Madras and the fact of the receipt by that person is endorsed on the letter. Now to return to the sequence of events, after that letter had been given, defendant 1 gave to the plaintiff a promissory note which is expressed to be payable on demand, no place of payment being mentioned. The relevant part of it is as follows: The amount due by me (defendant 1) by reason of baying received from you (the plaintiff) a hundi directing me (defendant 1) to receive the money with interest from your Madras firm is Rs. 10,000. For this amount of Rs. 10,000 the interest shall be calculated at Re. 0-12-6 per cent, per mensem and the total of the interest and principal I (that is defendant 1) shall on demand pay you (the plaintiff) or your order and get a return of this promissory note.

(2.) Upon that is endorsed for the sum of Rs. 10,000 mentioned in the pro-note herein I shall pay interest at Re. 0-12-6 per mensem once every six months.

(3.) That promissory note was given at a place outside the jurisdiction of this Court. On 27th October 1932 on behalf of the plaintiff a lawyer's letter was sent to defendant 1, the material terms of which are as follows: In respect of the promissory note executed by you in favour of our said clients for Rs. 10,000 with compound interest thereon at Re. 0-12-6 per cent, per mensem with half-yearly rests there is now due and owing by you to our clients the sum of Rs. 10,000 for principal and rupees 1,449-0-6 for Interest making in all a total sum of Rs. 11,449-0-6 and that you have in spite of repeated demands failed and neglected to pay the amount due.