9911796707
TMI Blog1937 (10) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... been married to the first plaintiff who was then a minor. In fact the case of the plaintiffs was that disputes arose about the properties that had been given to this lady Valliammai Achi at the time of her marriage between the first plaintiff and the fifth defendant, each claiming the money as his. This dispute arose before the corpse was removed from the house of the first plaintiff and a number of caste men and relations acted as panchayatdars and pronounced their opinion in accordance with which the document Ex. A was executed by the fifth defendant and the second plaintiff on behalf of the then minor first plaintiff and attested by the panchayatdars, one of whom was the first defendant with whose firm the moneys had been deposited. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing of the Court below that Ex. A was actually executed by the fifth defendant after the panchayatdars had settled the terms thereof on the date which Ex. A bears. The fifth defendant who is the only witness examined on his side no doubt denied that he had agreed to any such arrangement or that he signed in Ex. A but there can be no doubt that his evidence on these points is completely false and so far as this part of his case is concerned there cannot be the least doubt that it is devoid of truth. The execution of Ex. A by the fifth defendant as well as by the second plaintiff is proved by three panchayatdars P.Ws. 1, 2 and 4 one of whom, namely, P.W. 1 is a man of substance occupying a high rank in society being a Rao Bahadur, M.B.E. and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this dispute was settled in the manner indicated in Ex. A. As regards the contention that Ex. A is not enforceable against the fifth defendant by reason of the absence of consideration therefor it is sufficient to say that according to Ex. A itself the consideration was the settlement of the dispute that had arisen and the restoration of peace and harmony in the family. In this connection it must be mentioned that the fifth defendant himself is married to the sister of the first plaintiff and that lady was alive at the time. It was therefore necessary in the interests of family harmony that the dispute should be amicably settled. The mere fact that the claim of one of the parties to the dispute might have had more legal foundation than tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... party to the arrangement in the sense that he acquiesced in it and attested Ex. A.S. 130 of the Transfer of Property Act does not require that the assignment, of an actionable claim should be in any particular form or that there should be consideration for it. As was observed in Rama Iyen v. Venkatachellam Patter (1906) 16 M.L.J. 554 : I.L.R. 30 Mad. 75 at 77 no particular words are necessary to effect the transfer of a debt or any beneficial interest in movable property and no particular words are necessary to effect such a transfer if the intention to transfer is clear from the language used. It is in the light of these general principles that the documents that were the subject-matter of discussion in Nandubai v. Gau (1902) I.L.R. 27 Bom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his is not a claim to which Article 60 can apply but that Article 115 applies. This article relates only to claim for compensation for breach of a contract. The present claim is not for compensation but merely to obtain money which is lying with a banker's firm to the credit of the first plaintiff. The original deposit of the money at the time of Valliammal Achi's marriage was undoubtedly a deposit with a banker and this position has not been disputed before us. It is however contended that after the execution of Ex. A the position was radically changed and the money was no longer a deposit with a banker. We fail to see how this transformation can be said to have been effected by Ex. A. On the other hand, Ex. A clearly says that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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