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Rama Sastriar Vs. Pakkiri Ambalakaran - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1929Mad267
AppellantRama Sastriar
RespondentPakkiri Ambalakaran
Cases ReferredRam Sarup Bhagat v. Bansi Mandar
Excerpt:
- .....and its terms are not enforceable. the bond provides for the payment of interest in the shape of work, but the work is to be paid at a certain definite rate which appears to be very low and the work includes that of the executant as well as that of his wife. no provision is made for the repayment and although, of course, a debtor can in law always repay his debt, still in the case of these pannayals it is quite likely that they do not realise this right. the case relied upon by the petitioner which was decided by myself in ponnusami v. palayathan [1919] 10 m.l.w. 202 can be differentiated on the ground that in that case the ordinary wages were to be paid for the man's work and that the period was restricted to five years. the munsif, on the other hand, relied on ram sarup bhagat v......
Judgment:

Phillips, J.

1. The District Munsif dismissed the suit on the ground that the bond sued on was a slavery bond and its terms are not enforceable. The bond provides for the payment of interest in the shape of work, but the work is to be paid at a certain definite rate which appears to be very low and the work includes that of the executant as well as that of his wife. No provision is made for the repayment and although, of course, a debtor can in law always repay his debt, still in the case of these pannayals it is quite likely that they do not realise this right. The case relied upon by the petitioner which was decided by myself in Ponnusami v. Palayathan [1919] 10 M.L.W. 202 can be differentiated on the ground that in that case the ordinary wages were to be paid for the man's work and that the period was restricted to five years. The Munsif, on the other hand, relied on Ram Sarup Bhagat v. Bansi Mandar [1916] 42 Cal. 742 and I am certainly not prepared to say that he is wrong in this case. The petition is dismissed.


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