Kamal Khan vs Nizamuddin

This appeal arises out of a suit brought by Kamal Khan on a pro-note executed by Nizamuddin and Khairati. The pro-note is dated the nth January 1918 for a sum of Rs. 240 and carried interest at a rate amounting to something like Rs. 150 per cent, per annum.

The defence to the suit was that the pro-note was not executed in favour of the plaintiff, Kamal Khan, but in the name of one Alam Khan and that the pro-note has been altered by changing ''Alam Khan'' into ''Kamal Khan''. The First Court decreed the suit, but, on appeal, the learned District Judge found as a fact that the pro-note was originally written in favour of ''Alam Khan'' and that name has been altered into ''Kamal Khan'' and he held that this was a material alteration within the meaning of Section 87 of the Negotiable Instruments Act such as would render the promissory-note void. We must accept the finding of fact, namely, that originally the name ''Alam Khan'' was written on the pro-note and that it has been changed into ''Kamal Khan'' and we hold that, as a matter of law, such alteration is a material alteration within the meaning of Section 87 of the Negotiable Instruments Act. The result is that the appeal fails and is dismissed with costs.