AIR 1927 MADRAS 531

Madras High Court

Hon'ble Judge(s): Devadoss, Sundaram Chetty , JJ

(A) Contract Act (9 of 1872) , S.23— Executants to do work in lieu of interest - Personal liability in default of labour - Bond is not a slavery bond or opposed to public policy. Where under the terms of a bond for Rs. 100 executed by defendant in favour of plaintiff, the defendant was to do pannai work in lieu of interest and on failure to do pannai work, the plaintiff was at liberty to realize the principal amount and the losses arising there from by proceeding against the defendant personally and his properties. Held: that the bond was not a slavery bond or illegal or opposed to public policy, (B) Evidence Act (1 of 1872) , S.92— Bond providing for labour in lieu of interest - No provision as to payment of wages - Evidence as to payment of wages not excluded. Where a bond providing for labour by the maker in lieu of interest is silent as to payment of wages and there is no negative covenant precluding the maker from claiming wages for work done S.92 does not bar evidence as regards wages paid for work done by the executant. .....