S A MUTHAYAN CHETTIAR Vs. PPANCHAVARNA NADAR

JUDGEMENT

(1.) THE facts of this case are sufficiently and fully set out in the judgment of the Subordinate Judge and it is not necessary for me to re-state them now. This case is governed by the authority of the decision in Kunjunni Nair V/s. kunjunni Nair [1911] 1 M.W.N. 79 and the material passage in the reported case appears at page 80. It is as follows: It is impossible to argue as a matter of law apart from special agrement that default in the payment of the prize-money does not relieve the subscriber from liability to pay future subscriptions. Such a termination of liability can ony be on the ground that the whole contract is put an end to.

(2.) THIS decision seems to me to be a decision directly in point and, therefore, I must allow this petition with costs and reverse the finding of the Subordinate Judge. The decree will, therefore, be for the plaintiff for the amount claimed with costs in the lower Court.