•to--a o.' i ! IN THE HIGH COURT. OF JUDICATURE OF TRAVAN CORE - CO CHIN Present: # The Hon'ble Shri G. Kumara Pillai, Judge and The Hon 'ble Shri M S. Menon, Judge ·Appeal Suit No. 21 of 1955. 0.8. No. 26 0£ 1953 of the Anjikaimal District Court. ' Appellant - defendant R.. Sivaramakrishna Iyer, residing at Marthandapura, Tenkasi, Tinnevelley District By advocate Shri c.s. Venkiteswara Iyer Respondent - plaintiff M.R. Aippu & Co. Ltd., Mattancherry, represented by Managing Director, M.I. Raphael, son of M.R. Aippu, residing at Alwaye. (By advocate Shri K. P. Abraham.) Respondent 2: E.T. Mani, son of Thomas, Christian, Merchant, aged 57 years, residing at Manthara in Mattan- cherry Town, in T. C State,: (By advocate Shri K.P. Abra ham). Impleaded as'per order dated 19.6.1956 on C.M.P. No. 561 of 1956. This appeal suit having be en· finally heard on 31.7.1956, the Court on the same day delivered the following JUDGMENT i I- This appeal arises out of a suit on a hundi. of amounts due to the plaintiff from a third person. supported by consideration so far as he was concerned. The hundi was The contention The evidence pressed by the defendant-appellant in this Court was that it was not executed by the defendant in favour of the plaintiff in consideration person from his liability to the extent of the hundi amount. That fact shows that in pursuance of the hundi the plaintiff discharged the third coupled with the recital in the hundi would show that the hundi was exe- cuted by the defendant at his own instance in order to procure a dis- charge of the third person ts liability. ·Plaintiff has admittedly given the discharge also to the third person to the extent of the hundi amount . }. In the circumstances we hold that the appellant 's content ion J1. 7-.1956 .--,;:·-.%%# ·• '__ · 1y. ·_·.. _· ··_. costs. . . . ' . SD. G .. ·,KUMARA PILLAI, JUDGE SD:-· M.. S. MENON, JUDGE . - .- ,_...:. ~~ . - . ~ . . ~ ' Deputy· - eg Fa st:rar -~ :..({~t~> ,• l true?copy I .. -.#