MAJETY KRISHNAYYA Vs. KUPPALA NOOKAYYA

JUDGEMENT

(1.) This is an application to revise the order of the Subordinate Judge of Cocanada in Small Cause Suit No. 234 of 1924.

(2.) The first point raised is that the defendant is not liable for charges incurred for facilitating the sending of goods or in other words he is not liable for the bribes or presents to the Railway officials in order to facilitate the sending of goods. Though this is an improper payment the petitioner has been a consenting party to the payment and has had the benefit of it; he cannot now turn round and say he is not liable to the plaintiff for the amount so paid. I disallow this objection.

(3.) The second point is that the petitioner is not liable for the price of gunny bags as they were not of the proper quality. The Subordinate Judge has allowed a sum of Rs. 57-12-0 on account of the poor quality of gunny bags. There is nothing in this point.