ASHOKKUMAR UTTAMCHAND SHAH Vs. PATEL MOHMAD ASMAL CHANCHAD

JUDGEMENT

(1.) This is defendant's Second Appeal.

(2.) The brief facts are that on 2-5-1975 the plaintiff borrowed Rs. 5,000.00 from the defendant and kept six gold ornaments weighing 13.5 tolas with the defendant for security of the amount as deposit or pledge or pawn. It is alleged that the defendant gave unsigned chit giving details regarding the date of transaction, details of ornaments, weight, amount of advance and also the rate of interest as 2.5%. There was ambiguity in the rate of interest which was clarified by the defendant on inquiry from the plaintiff that due to good relation between the parties interest will be charged @ 2.5% p.a. It is further alleged that another sum of Rs. 800.00 was borrowed by the plaintiff from the defendant on 13-6-1975. He gave in security and pledged two gold ornaments weighing 6.5 tolas to the defendant. On the back of the same chit again similar unsigned details by the defendants were written as alleged by the plaintiff. In this way the plaintiff received Rs. 5,800.00. In all 8 gold ornaments weighing 20 tolas were pledged. On 7-5-1976 the defendant wrote a post card to the plaintiff that since the ornaments were not taken back and the loan was not repaid he had sold some of the ornaments weighing 7.25 tolas 2 anni remained in balance. It was also informed that in this way Rs. 3,675.00 remained due towards loan to be paid by the plaintiff. According to the plaintiff the defendant had no right to sell any of the ornaments pledge with him. Accordingly, the suit for accounting was filed after serving notice.

(3.) The suit was contested by the defendant denying the transaction altogether. He also denied to have written any post card to the plaintiff. Chits alleged to have been written by the defendant and the post cards allegedly written by the defendant were also denied. It was also pleaded that the suit was barred by limitation.