SESHAPPIER Vs. SUBRAMANIA CHETTIAR

JUDGEMENT

(1.) This is a Letters Patent Appeal against the judgment of Mr. Justice Seshagiri Ayyar in Seshappier v. Subramania Chettiar (1915) I.L.R. 38 Mad. 783.

(2.) The material facts are as follows:

(3.) On 19th May 1907, the first respondent entrusted a jewel to one Kolandaisami Pathar (the husband of the second respondent and the father of the third respondent) who undertook to sell it on commission. Kolandaisami pledged the jewel with the appellant who is a money-lender for Rs. 175 on 20th May 1907. Kolandaisami died two or three months afterwards without having redeemed the pledge. On 15th December 1909, the appellant took the jewel to the first respondent s shop and asked him to sell it for him. The first respondent then came to know that the jewel had been improperly pledged and demanded its return. The appellant having refused to return it, the first respondent brought a Small Cause Suit on 29th June 1911 for the return of the jewel or its value Rs. 400 and in answer to the suit, the appellant contended that he acted in good faith in advancing money on the pledge of the jewel and that he was entitled to recover from the plaintiff the amount Rs. 175 which he had advanced with interest. He further pleaded that the suit was barred by limitation. The Subordinate Judge gave the first respondent a decree against the appellant for the return of the jewel or its value.