NOOR ABDUL JALEEL Vs. V ACHUTHAN

JUDGEMENT

(1.) This appeal by the first defendant has been preferred against the judgment and decree dated March 5, 1974 made in OS No. 1 of 1973 by the District Judge at Chikmagalur. The facts are shortly as follows :-

(2.) V. Achutan-the plaintiff - instituted a suit for recovery of a sum of Rs. 23,700 with interest payable thereon. The suit was based on a settled account as between the parties. The suit was originally brought against defendants 1 to 5 but subsequently it was withdrawn against defendants 2 to 5. The plaintiff alleged that defendant 1 for the purpose of maintaining his estate called "Hosangadi Estate" and for his family necessity had several transactions and maintained accounts with the plaintiff from 1964 to 1968 and finally the accounts were settled and outstanding balance was struck on November 22, 1968. Defendant 1 thereunder signed acknowledging his liability to pay the balance, but failed to pay despite repeated demands.

(3.) Defendant 1 who resisted the suit, denied having any transactions with the plaintiff. He has, however, admitted his signature in the accounts taken and at the balance struck ; but he said that he signed it without looking into the particulars of the accounts. He gave thus his explanation that there was cordial relationship between his father and the plaintiff and the former had reposed implicit confidence and trust on the latter, and that relationship continued even as between defendant 1 and the plaintiff. He was, therefore, never looking into the accounts maintained by the plaintiff, but giving his signature whenever the plaintiff asked him to do so. In the statement of accounts furnished to him, he has discovered that many of the entries therein were false and bogus and the plaintiff had played fraud upon him by abusing the confidence reposed. Along with the written statement he filed a list containing what he termed as incorrect or false entries that are found in the plaintiff's account.