THIRUMULU SUBBU CHETTI Vs. ARUNACHALAM CHETTIAR

JUDGEMENT

(1.) The facts leading to this reference are these : The 1 defendant executed a sale-deed, dated the 21 of December, 1922, in favour of the 3 defendant for Rs. 3,500 and he directed the vendee to pay the plaintiff Rs. 1,200 which he, the 1 defendant, owed the plaintiff. The plaintiff sued to recover the sum of Rs. 1,574-10-3 the balance which was due on a promissory note executed by the 1 and 2nd defendants, dated the 25 of June, 1921. He made the 3 defendant a party on the ground that he was a vendee from the 1 defendant under an obligation to pay the debt due by the 1 defendant to the plaintiff.

(2.) The sale-deed has been filed as Exhibit D in the case. It purports to be for Rs. 3,500. After reciting that the vendee had undertaken to pay Rs. 1,500 due to one Viswanatham Chetti and another sum of Rs. 500 due to the same creditor the material portion continues as follows: Whereas you have consented to pay on my behalf to P.L.M. Palaniuppa Chettiar term carrying on money-lending business at Thenkarai, Periyakulam Town, the amount due by me to him, and obtain a receipt, i am m receipt of Rs. 1,200.

(3.) Then it proceeds to state the other creditors who were to be paid and the consideration is said to have been received in that manner.