BANSIDHAR GANGA PERSHAD AGENCY Vs. CHANAN LAL

JUDGEMENT

(1.) On 20th August, 1963, M/s. Bansi Dhar Ganga. Pershad Agency, plaintiff-appellant instituted a suit against Chanan Lal, proprietor of Jawahar Wool Store for the recovery of Rs. 6692.96 p. on account of balance price of goods sold and delivered. The appellant's case was that during the period 13th September, 1962 to Ist April, 1963, Bansi Dhar Ganga Pershad Agency (the Agency) had supplied goods to the defendant-respondent of the valueof Rs. 14,771.27 p. The appellants arc dealers in wool. So is the respondent. The respondent purchased wool of that value. The appellant further alleged that the respondent had paid Rs. 8671.60 p. towards the price of the goods. A balance of Rs. 6099.67 p. was claimed to be due. Interest was also claimed at the rate of 12 per cent. This amounted to Rs. 593.29 p. In all a decree for Rs. 6692.96 p. was claimed.

(2.) The respondent in his defence stated that he had purchased goods worth Rs. 14,209.67 p. and not Rs. 14,771.27 p. as alleged by the appellant. The next important defence which he raised was that he had made payment of Rs. 13,146.60 p. to the appellant and only a balance of Rs. 1063.07 p. remained due from him which, however, he was prepared to pay. The respondent denied that he had merely paid Rs. 8671.60 p. as was alleged by the appellant. A further payment of Rs. 4475.00 was alleged by the respondent which the appellant disputed. This was, in fact. the main controversy between the parties.

(3.) The trial court framed the following issues :