A PRAKASAM PILLAI Vs. KRISHNA PADAYACHI DIED

JUDGEMENT

(1.) DEFENDANTS are the appellants. First defendants is a partnership firm. DEFENDANTS 2 to 6 are pan Hers. DEFENDANTS 3 to 6 are sisters of the second defendant. 7th defendant is not a partner of the first defendant-firm, but a brother of the second defendant. The suit is for recovery of a sum of Rs. 54,634. 60. It is not in dispute between the parties that they were having dealings in the mat-ter of purchase of jaggery and jaggery powder. The first defendant-firm was purchasing jaggery and jaggery powder from the plaintiff on credit and was making payments. On 26. 7. 1978 the parties looked into the accounts and on a complaint made by the second defendant that since some of the goods supplied by the plaintiff were not of good quality, they had to incur loss, the plaintiff, gave a remission of Rs. 50,000. On that date, the amount due by the first defendant was Rs. 52,231. 91. According to the plaintiff, second defendant wanted a loan of Rs. 38,000 on 1. 12. 1978 and sent his brother 7th defendant to the plaintiff's shop. The plaintiff withdrew the money from his Bank account and paid the same to the 7th defendant and got his signature in the chitta book. The amount has not been repaid and a notice was issued under Ex. A-l dated 2. 3. 1981 by the plaintiff calling upon the defendants to pay the entire amount. The defendants sent a reply denying their liability to pay any amount to the plaintiff. Thereafter the suit was filed on 30. 11. 1981.

(2.) THE defendants raised a plea that the claim with regard to the sum of Rs. 2,231. 91, which was the amount due on 26. 7. 1978 after remission of Rs. 50,000 was barred by limitation. THE other plea raised by the defendants was that there was no borrowal of Rs. 38,000 and the plaintiffs claim is a false one.

(3.) THE entries in the account books of the plaintiff appear to have been made in the regular course of business. THEre could be no doubt whatever that the account books are maintained regularly. Ex. A-6 is the ledger of the plaintiff for the year 1978-79. Page 55 of Ex-A-6 contains an entry dated 26. 7. 1978 showing the remission of Rs. 50,000 from out of the total amount of Rs. 52,231. 91. THE next entry is dated 1. 12. 1978 which shows that a sum of Rs. 38,000 was lent to the first defendant-firm. THE corre-sponding entries in the ledger book Ex. A-10 are found at pages 81 and 152 respectively. THE way in which the entries are made shows that they have been made regularly in the course of business on the respective dales and they are not fabricated, or made on a subsequent date. Ex. A-13 is the chitta book. On 1. 12. 178 an entry is made that sum of Rs. 38,000 is given to the first defendant-firm in cash through the 7th defendant. 7th defendant has signed below the said entry. 7th defendant as D. W. 1 has admitted that the plaintiff is maintaining a chitta book. But, when he was asked as to how he knew that the plaintiff was maintaining a chitta book, he replied that the could not give reasons. Obviously, he is prevaricating. A suggestion is made to him that the is aware that a chitta book is being maintained by the plaintiff because he had signed the same. He has chosen to deny the same. A reading of the evidence of D. W. I shows that he is not speaking the truth. In one place he has staled that he has nothing to do with the partnership business of the first defendant. But later he has stated that he used to look after the business and sign the bills. Hence, we cannot accept the evidence of D. W. 1 that the did not sign in Ex. A-13.