High CourtsDivision Bench

Rama Sastriar vs Pakkiri Ambalakaran

Madras High Court · Decided on 4 May 1927 · Citation: AIR 1929 Mad 267

HON’BLE JUDGES
Phillips, J

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Judgment

8 paragraphs · 196 words

Phillips, J.—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.