BIDDINABBA ABBU AND Vs. ABDULKADRI CHERIA BAVA

JUDGEMENT

(1.) The appellants before us were the plaintiffs in the suit. The suit out of which this appeal arises was instituted by them to recover monies against the defendant on the allegation that they were sureties for the said defendant in respect of a hundi executed by the plaintiffs and the defendant in favour of a bank.

(2.) On 24-4-50 a liundi was executed by the plainfiffs, the defendant and one Yusuf for a sum of Rs. 2500/- in favour of Vijaya Bank. On 25-8-1950, the said hundi was renewed. On 24-10-50 there was a further renewal of the said hundi. A suit was thereafter filed by the bolder of the said hundi against the plaintiffs and the defendant. The said suit was decreed against the plaintiffs and the defendant The Bank which was the decree-holder set off a sum of Rs. 504-14-0 which was deposited by the defendant in the said Bank and obtained the decree for the balance amount due on the hundi. This decree was put into execution and was paid off by the plaintiffs and satisfaction was entered. Thereafter they filed the present suit for recovery? of the said amount from the defendant who, it was alleged by them, was the principal debtor under the said transaction. The plaintiffs' case was that they were sureties in respect of the said hundi and the defendant was the principal debtor. The defendant's case, on the other hand, was that he was a surety in those transactions and the plaintiffs were the principal debtors. The defendant also counter-claimed a sum of Rs. 504-14-0 which had been set off by the Bank.

(3.) The first Court found in favour of the plaintiffs and decreed the suit. The said Court dismissed the counter claim also which was made by the defendant. The lower appellate Court reversed the said decision of the trial Court and dismissed the suit of the plaintiffs and decreed the counter claim which was filed by the defendant. It is against this decision that the present second appeal has been filed.