ABHIRAMI FOUNDATION Vs. K C NALINI BAI

JUDGEMENT

(1.) HEARD the learned counsels appearing for the parties.

(2.) THE defendants 1 to 3 have filed this appeal against the judgment of the learned Single Judge in C. S. No. 648 of 1997 dated 28. 3. 2001. Such suit was filed by the plaintiffs 1 to 10 / respondents for recovery of money and directing the defendants jointly and severally to pay Rs. 79,69,500/-together with interest at the rate of 24% per annum on Rs. 57,75,000/ -.

(3.) LEARNED counsel appearing for the appellant has challenged the findings of the trial court by contending that the trial court has not considered the effect of evidence adduced on the side of the defendants relating to various payments. It has been contended that though Plaintiff No. 3 had admitted to have been signed many of the receipts indicating payments, the trial court has not given proper weight to such documents. Moreover, the trial court has based its conclusions on surmises and conjectures. It has been contended that the trial court should have sent the disputed receipts to the handwriting expert for opinion.