N S K L KULANDAYAN CHETTIAR Vs. AR RM OMAYAL ACHI

JUDGEMENT

(1.) THIS second appeal arises out of a suit by a principal against his agent for rendition of accounts. The defendant is the appellant, against whom a preliminary decree for rendition of accounts has been passed.

(2.) THE plaintiff, S. RM. AR. RM. Ramanathan Chettiar in O. S. No. 157 of 1953 on the file of the subordinate Judge's Court, Devakottai, sued the defendant, the appellant herein for rendition of accounts in respect of the agency of the defendant of the plaintiff's money lending firm at Rangoon run under the vilasam S. RM. AR. RM. with branches at Dedaye, Kungayangon and Paungde. The defendant was employed as an agent on a monthly salary of Rs. 160 as per the salary chit dated 7-9-1947. He returned to India on 24-11-1950 and handed over some kurippu chittais, accounts and some correspondence between him and the plaintiff. The suit was filed on 24-11-1953.

(3.) THE defendant resisted the suit on various grounds. He contended that the suit was barred by limitation, and he also contended that the suit was not maintainable as the plaintiff had failed to make a demand upon him for rendition of accounts prior to the instruction of the suit. He denied that he executed a varthamanam dated 24-11-1950 voluntarily but pleaded that it came into existence as a result of coercion and pressure exercised upon him by the plaintiff.