TMI Blog1937 (11) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... ut the defendant took the plea that the petitioner was a mere benamidar. According to the defendant, the loan was advanced by one Munshi Lal Bhagat who at the time was joint with his brother Earn Prasad Bhagat. He gave to Munshi Lal Bhagat a blank paper, wherein he acknowledged receipt of the loan and liability to repay, which was to be filled up as a handnote. He said that he had subsequently rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gues that it was not open to the defendant to take the objection that the payee whose name appeared in the handnote was a mere benamidar, citing the decision of the Full Bench of the Madras High Court in Subba Narayan Vathiyar v. Ramaswami Aiyar (1907) 30 Mad. 88. He does not accept the findings of the learned Small Cause Court Judge to the effect that the plaintiff was a mere benamidar and that M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ayment is certainly open to suspicion. Munshi Lal Bhagat was called to support the statement that it was he who made the original loan, but the person to whom the payment was said to have been made was not examined, and Munshi Lal gave no explanation of why the handnote had been drawn up in the name of the plaintiff and not in his own name. 4. But whether these findings that Munshi Lal was the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 . 5. I must therefore without endorsing the findings of the learned Small Cause Court Judge, that the plaintiff is a benamidar and that Munshi Lal was the person who advanced the money, set aside the order of the learned Small Cause Court Judge and allow this application. The plaintiff's suit will be decreed in full, with costs in the Small Cause Court and in this Court. Hearing fee in th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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